Parliament Considering 3 Laws That Impact Your Fundamental Rights
5 years, 6 months ago

Parliament Considering 3 Laws That Impact Your Fundamental Rights

The Quint  

The UAPA is already an extremely controversial legislation, with critics such as constitutional scholar Gautam Bhatia pointing out how the offences under the Act are vague and over-broad – making it easy to misuse. 67 percent of UAPA cases result in the acquittal or the discharge of the accused, as per data made available by the National Crime Records Bureau. The UAPA is also considered a draconian law because it extends the amount of time people can be sent to custody without being charged, does not allow anticipatory bail, and prevents courts from releasing the accused on bail if the case against them is prima facie true. The punishment of persons accused of being members of a terrorist organisation has also been a critical flashpoint, since it has allowed people to be accused on extremely flimsy grounds – for example, activists were arrested last year on the pretext of them being members of the banned CPI organisation.

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History of this topic

UAPA no exception to the rule on bail
5 months ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

UAPA should be scrapped as 97 percent accused are proven innocent, says Prof. Haragopal
11 months, 2 weeks ago

UAPA should be scrapped as 97 percent accused are proven innocent, says Prof. Haragopal

The Hindu  

“A person suffers in jail for three to four years and then gets acquitted after the prosecution fails to prove his guilt. About 97 percent of the arrests were made without any evidence, under the Unlawful Activities Act, 1967 cases,” said G. Haragopal, human rights activists and retired professor from the University of Hyderabad. In the city to participate in …

When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That's The Real Tragedy : Rebecca John
1 year, 3 months ago

When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That's The Real Tragedy : Rebecca John

Live Law  

During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities Act, 1967. Section 43 D, which places restrictions on the grounds of bail.” At this, she criticized the Supreme Court’s judgment …

'Vague Definition Of Unlawful Activities' : Plea In Supreme Court Challenges Constitutionality Of UAPA Provisions
3 years, 2 months ago

'Vague Definition Of Unlawful Activities' : Plea In Supreme Court Challenges Constitutionality Of UAPA Provisions

Live Law  

Two lawyers and a journalist recently booked with the draconian anti-terror law UAPA by Tripura Police have moved the Supreme Court seeking quashing of FIRs and challenging constitutional validity of several provisions of the Unlawful Activities Prevention Act.The petitioners challenge the constitutional validity of Section 2, Section 13, Section 13 and 43D of the Unlawful Activities Prevention Act. While the …

The Expanding Confines Of The UAPA Jurisprudence
3 years, 6 months ago

The Expanding Confines Of The UAPA Jurisprudence

Live Law  

Recently the Delhi High Court granted regular bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in relation to Delhi Violence of February 2020 under the Unlawful Activities Prevention Act after spending over one year in jail without trial. is a fundamental right and not merely a statutory right) In June, the Delhi High Court, vide detailed orders, granted …

UAPA: Terror and the law
3 years, 6 months ago

UAPA: Terror and the law

The Hindu  

Cataclysmic moments, even those that could have been predicted, are known to prise open the clutches of rigid unquestioning and herald significant shifts, if not change. Key features of TADA and POTA include the admissibility of confessions before police officers as evidence, a provision that not only contravenes Section 26 of the Indian Evidence Act but is an open invitation …

Anti-terror law: MHA data show chargesheet filed in less than half of UAPA cases
4 years, 4 months ago

Anti-terror law: MHA data show chargesheet filed in less than half of UAPA cases

India Today  

There has been a sharp rise in the number of people booked by security agencies under the Unlawful Activities Prevention Act, but a written reply by the Ministry of Home Affairs show that a chargesheet has been filed in less than half these cases. According to the report, a total of 922, 901 and 1182 cases were registered and a …

Why the harsh bail provisions of UAPA have lived on
4 years, 6 months ago

Why the harsh bail provisions of UAPA have lived on

Live Mint  

On 16 June, a court in Delhi granted police a 60-day extension under the Unlawful Activities Act, 1967 to file a chargesheet in a Delhi violence case, prolonging the period before which arrestees become entitled to statutory bail. TADA extended the period of incarceration without a chargesheet to a year and prohibited bail unless the court was satisfied that the …

‘Why Are Judges Petrified?’: Lawyers on UAPA Use in NE Delhi Probe
4 years, 7 months ago

‘Why Are Judges Petrified?’: Lawyers on UAPA Use in NE Delhi Probe

The Quint  

In the interview, lawyers Mehmood Pracha, Abhinav Sekhri and Colin Gonsalves they help us understand why UAPA is a problematic law. What that means then, is that till the charge sheet gets filed, technically I am fighting with both hands behind my back because I can not know what the allegations are. So automatically I will wait till the charge …

In Re: Jamaat-e-Islami, Jammu And Kashmir – Anatomy Of A UAPA Tribunal
5 years, 4 months ago

In Re: Jamaat-e-Islami, Jammu And Kashmir – Anatomy Of A UAPA Tribunal

Live Law  

In recent times, amendments to the Unlawful Activities Prevention Act that allow the central government to designate individuals as "terrorists", have been in the news. The central government has replied that the notification's setting out that the association was "supporting extremism and militancy", "indulging in anti national and subversive activities" and activities "to disrupt the territorial integrity" and so on, …

UAPA (Amendment) Bill 2019 violates the very international laws it quotes, defies principles of natural justice
5 years, 5 months ago

UAPA (Amendment) Bill 2019 violates the very international laws it quotes, defies principles of natural justice

Firstpost  

The UAPA offers an overbroad and ambiguous definition of a ’terrorist act’ which includes the death of, or injuries to any person, damage to any property, an attempt to over awe any public functionary by means of criminal force and any act to compel the government or any person to do or abstain from doing any act etc. In 2006, …

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