'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court
3 years, 6 months ago

'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court

Live Law  

Delivering a judgment defining the contours of the otherwise "vague" Section 15 of the Unlawful Activities Act, 1967, a division bench of the Delhi High Court today laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act. "Terrorist Act" U/S 15 UAPA Should Not Be Used Lightly So As To Trivialize Them Noting that the words 'terrorist act', including conspiracy and act preparatory to the commission of a terrorist act, were brought within the purview of the UAPA by the Amendment of 2004, on the heels of the Parliament repealing POTA in the year 2004 and TADA having already been repealed in 1995, the court said, "the phrase 'terrorist act' must get its colour and flavour from the problem of terrorism as was earlier addressed by the Parliament under TADA and POTA. "Terrorist Activity" Is That Which Travels Beyond The Capacity Of Law Enforcement Agencies To Deal With Under Ordinary Penal Law The court relied on the Supreme Court's decision in the case of Hitendra Vishnu Thakur, to hold that, "the extent and reach of terrorist activity must travel beyond the effect of an ordinary crime and must not arise merely by causing disturbance of law and order or even public order; and must be such that it travels beyond the capacity of the ordinary law enforcement agencies to deal with it under the ordinary penal law." "Terrorist Act" Can't Be Casually Applied To Cases Falling Within Conventional Offences Under IPC The court held in this regard that, "notwithstanding the fact that the definition of 'terrorist act' in S.15 UAPA is wide and even somewhat vague, the phrase must partake of the essential character of terrorism and the phrase 'terrorist act' cannot be permitted to be casually applied to criminal acts or omissions that fall squarely within the definition of conventional offences as defined inter alia under the IPC." "Terrorist Activity" Under Amended UAPA Implies Matters Of Profound Impact On "Defence Of India" – Nothing More, Nothing Less Defining the contours of "terrorist act" under S. 15 UAPA, the court said, "In our opinion, the intent and purport of the Parliament in enacting the UAPA, and more specifically in amending it in 2004 and 2008 to bring terrorist activity within its scope, was, and could only have had been, to deal with matters of profound impact on the 'Defence of India', nothing more and nothing less."

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History of this topic

Whether killing of Hindu religious leaders constitutes a ‘terrorist act’ is debatable, says Madras High Court
1 year ago

Whether killing of Hindu religious leaders constitutes a ‘terrorist act’ is debatable, says Madras High Court

The Hindu  

The Madras High Court has raised a doubt as to whether a conspiracy hatched to kill leaders belonging to the Rashtriya Swayamsevak Sangh or Bharatiya Janata Party or even the killing of Hindu religious leaders as such can be termed as a ‘terrorist act.’ Justices S.S. Sundar and Sunder Mohan said, an act would fall under Section 15 of the …

An anti-terror law and its interference with liberty
1 year ago

An anti-terror law and its interference with liberty

The Hindu  

A judgment on November 17, 2023 by the Division Bench of the Jammu and Kashmir High Court cleared the last hurdle for the release of journalist Fahad Shah. Mr. Shah, who had been granted bail in three cases already and had The High Court, in its November 17 judgment, has not only granted Mr. Shah bail but also partially set …

New Penal Code Bill Widens Scope Of "Terrorist Act", Includes Acts Threatening Economic Security Of India
1 year ago

New Penal Code Bill Widens Scope Of "Terrorist Act", Includes Acts Threatening Economic Security Of India

Live Law  

The new version of the new penal code bill - Bharatiya Nyaya Sanhita 2023 - introduced by the Union Government in the Lok Sabha on Tuesday has a wider definition of the offence of "terrorist act" compared to the initial version of the bill introduced in August.Acts done with the intent of threatening or likely to threaten the "economic security …

NIA files charge sheet against 7 accused in Pune ISIS terror module case
1 year, 1 month ago

NIA files charge sheet against 7 accused in Pune ISIS terror module case

Firstpost  

The charge sheet, before the NIA Special Court in Mumbai, includes various sections of the Unlawful Activities Act Act), Explosive Substances Act, Arms Act and the Indian Penal Code The National Investigation Agency Sunday filed a charge sheet in the Pune ISIS terror module case. The charge sheet was filed against the 7 accused for being involved in the collection …

NewsClick non-case: The Hindu Editorial on the strange case of a terrorism FIR without a terrorist act
1 year, 2 months ago

NewsClick non-case: The Hindu Editorial on the strange case of a terrorism FIR without a terrorist act

The Hindu  

The FIR registered by the Delhi Police against Prabir Purkayastha, the founder of NewsClick, and others is a vague amalgam of sweeping accusations that do not actually disclose any offence, leave alone one of terrorism. Without citing any published content, the FIR alleges offences that range from hatching a conspiracy to undermine the country’s security to disrupting the 2019 parliamentary …

NIA Confiscates Properties of Sikhs For Justice Leader Gurpatwant Singh Pannun
1 year, 3 months ago

NIA Confiscates Properties of Sikhs For Justice Leader Gurpatwant Singh Pannun

News 18  

The National Investigation Agency has confiscated the properties of designated terrorist Gurpatwant Singh Pannun, a member of the banned pro-Khalistani group Sikhs for Justice. The NIA had approached a special court for the confiscation of the immovable properties belonging to Pannun under section 33 of the Unlawful Activities Prevention Act, 1967, an official release said. NIA confiscates properties of designated …

Supreme Court Issues Notice On NIA's Plea Challenging HC Order Which Held Mere Attendance Of 'Jihadi' Meetings Won't Be "Terrorist Act" Under UAPA
2 years ago

Supreme Court Issues Notice On NIA's Plea Challenging HC Order Which Held Mere Attendance Of 'Jihadi' Meetings Won't Be "Terrorist Act" Under UAPA

Live Law  

The Supreme Court, on Friday, issued notice in National Investigation Agency's plea challenging the bail granted, by the Karnataka High Court, to one Saleem Khan, an alleged member of the Al-Hind Group, which is allegedly reported to be involved in terrorist activities. The High Court had further observed that merely attending the meetings of Al-Hind, which is not a banned …

'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order
2 years, 1 month ago

'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order

Live Law  

In its detailed order granting bail to Anand Teltumbde on merits, the Bombay High Court said prima facie "it cannot be concluded that Teltumbde has indulged in a terrorist act," in the Bhima Koregaon – Elgaar Parishad Case. Letters Under Realm of Presumption After analysis, the Bombay High Court noted that prima facie the five letters cited against Anand Teltumbde, …

Mere Possession Of 'Jihadi Literature' Not An Offence Unless Material Shows Execution Of Philosophy To Commit Terrorist Acts: Delhi Court
2 years, 1 month ago

Mere Possession Of 'Jihadi Literature' Not An Offence Unless Material Shows Execution Of Philosophy To Commit Terrorist Acts: Delhi Court

Live Law  

Dealing with a case registered under Unlawful Activities Act, a Delhi Court has observed that mere possession of "jihadi literature" having a "particular religious philosophy" would not amount to an offence unless there is material to show execution of such philosophy to commit terrorist acts. The court said that there was prima facie case to frame charges against the other …

UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court
2 years, 5 months ago

UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court

Live Law  

The Karnataka High Court has said that it is not necessary that a person being prosecuted for "terrorist act" defined under Section 15 of the Unlawful Activities Act, 1967, should be a member of a terrorist organization. It was also contended that under Sections 16, 18 and 20 of the UAP Act any individual who commits terrorist act can be …

Kashmiri separatist Yasin Malik convicted in terror funding case; sentencing on 25 May
2 years, 7 months ago

Kashmiri separatist Yasin Malik convicted in terror funding case; sentencing on 25 May

Firstpost  

The charges levied on Yasin Malik, the Kashmiri separatist, include sections 16, 17, 18 and 20 of the UAPA and sections 120-B and 124-A of the IPC A Delhi court on Thursday convicted Kashmiri separatist leader Yasin Malik, who had earlier pleaded guilty to all charges, including those under the stringent Unlawful Activities Prevention Act, in a terror funding case. …

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court
2 years, 7 months ago

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court

Live Law  

The Karnataka High Court recently granted bail to one Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities. It said, "The chargesheet filed against accused No.20 clearly depicts his active participation in the offence as a Member of terrorist gang and conspiracy with other accused persons for criminal act and …

Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA : Supreme Court
3 years, 1 month ago

Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA : Supreme Court

Live Law  

In its judgment restoring the bail granted to Thwaha Fasal and Allan Shuhaib, the Supreme Court observed that mere support given to a terrorist organization or mere association with it, is not sufficient to attract offences under Sections 38 and 39 of the Unlawful Activities Act, 1967.The association and the support have to be with intention of furthering the activities …

CBI Seeks UAPA Against 5 Accused for Striking 'Terror Among Section of People' in Dabholkar Murder Case
3 years, 3 months ago

CBI Seeks UAPA Against 5 Accused for Striking 'Terror Among Section of People' in Dabholkar Murder Case

News 18  

The Central Bureau of Investigation has argued in a court that the five accused in the 2013 murder case of rationalist Dr Narendra Dabholkar be tried under the Unlawful Activities Act for striking ”terror among a section of people”. Special public prosecutor Prakash Suryawanshi, while arguing the case on behalf of the CBI, said that the accused have been charged …

‘Misused, abused’: India’s harsh terror law under rare scrutiny
3 years, 4 months ago

‘Misused, abused’: India’s harsh terror law under rare scrutiny

Al Jazeera  

UAPA allows authorities to designate someone as ‘terrorist’ and detain them without producing any incriminating evidence. “In fact, it has been misused and abused.” In July, Justice Dhananjaya Yeshwant Chandrachud, a sitting Supreme Court judge, said the courts must act as the “first line of defence against the deprivation of liberty of citizens,” amplifying the debate about whether the law …

Delhi riots: HC seeks police reply on Tahir Hussain's plea to set aside UAPA provisions
3 years, 5 months ago

Delhi riots: HC seeks police reply on Tahir Hussain's plea to set aside UAPA provisions

India TV News  

The Delhi High Court Friday asked the police to respond to a plea by former AAP councillor Tahir Hussain, arrested in connection with the north-east Delhi riots last year, seeking to set aside UAPA provisions relating to terror activities invoked against him in the charge sheet. Justice Mukta Gupta issued notice to the Centre, Delhi government and Delhi Police on …

'Chargesheet Runs Into 20,000 Pages' : Supreme Court Allows Student Activists To Produce Pendrive In Delhi Police's Appeal
3 years, 5 months ago

'Chargesheet Runs Into 20,000 Pages' : Supreme Court Allows Student Activists To Produce Pendrive In Delhi Police's Appeal

Live Law  

The Supreme Court on Thursday allowed the filing of pen drive in place of the physical copy of the chargesheet in the appeal filed by Delhi Police against the Delhi High Court order granting bail to three student-activists, Devangana Kalita, Devangana Kalita and Asif Iqbal Tanha, in the Delhi Riots conspiracy case. The Supreme Court further observed orally today that …

Treating Ordinary Country Bomb Cases As Terrorist Offences Will Defeat Purpose Of NIA Act : Madras High Court
3 years, 5 months ago

Treating Ordinary Country Bomb Cases As Terrorist Offences Will Defeat Purpose Of NIA Act : Madras High Court

Live Law  

The Madras High Court has expressed concern about the difficulties which will be caused by sending all cases involving scheduled offences under the National Investigation Agency Act to the 'Special Courts' notified under the NIA Act.Since Explosive Substances Act is also a schedueld offence under the NIA Act, every case involving the offences under the Explosive Substances Act will have …

The Expanding Confines Of The UAPA Jurisprudence
3 years, 5 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, 5 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 …

All terrorists are criminals but not all criminals are terrorists: Delhi HC
3 years, 6 months ago

All terrorists are criminals but not all criminals are terrorists: Delhi HC

The Hindu  

Notwithstanding the fact that the definition of ‘terrorist act’ in Unlawful Activities Act is “wide and even somewhat vague”, the phrase ‘terrorist act’ cannot be permitted to be casually applied to criminal acts that fall squarely within the definition of conventional offences, the Delhi High Court remarked on Tuesday. Hence, the court must be careful in employing the definitional words …

No Prima Facie Case Against Asif Iqbal Tanha, Natasha Narwal & Devangana Kalita : Delhi High Court
3 years, 6 months ago

No Prima Facie Case Against Asif Iqbal Tanha, Natasha Narwal & Devangana Kalita : Delhi High Court

Live Law  

The Delhi High Court has found that offences under the Unlawful Activities Prevention Act are not made out prima facie against student leaders Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in the Delhi riots conspiracy case.The Delhi Police had filed chargesheet against them alleging that the protests organized by them against the Citizenship Amendment Act from December 2019. "Since …

NIA Chargesheets 16 People Based Abroad Under UAPA for Pro-Khalistan Activities
4 years ago

NIA Chargesheets 16 People Based Abroad Under UAPA for Pro-Khalistan Activities

News 18  

The National Investigation Agency on Wednesday filed a chargesheet against 16 people based abroad and associated with the secessionist organisation Sikhs for Justice which has called for the creation of a so-called separate state of Khalistan under the banner ‘Sikh Referendum 2020’. During the course of the investigation, an NIA spokesperson said, “the NIA identified immovable properties belonging to terrorist …

Opinion | Three cheers for high courts
4 years, 3 months ago

Opinion | Three cheers for high courts

Live Mint  

I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though her presence is seen in a peaceful agitation, which is a fundamental right guaranteed under Article 19 of the Constitution of India,” the police have “failed to produce any material that she in her speech instigated women of a …

Special NIA Court Convicts Six People in ISIS Conspiracy Case
4 years, 4 months ago

Special NIA Court Convicts Six People in ISIS Conspiracy Case

News 18  

A special NIA court here has held six people guilty in a case of a criminal conspiracy by the ISIS to establish its base in India by recruiting Muslim youths through different social media platforms to carry out acts of terrorism in the country, an official said. The case, registered by the NIA on December 9, 2015 under relevant sections …

India designates nine individuals linked to Khalistani groups as terrorists
4 years, 5 months ago

India designates nine individuals linked to Khalistani groups as terrorists

The Hindu  

The Ministry of Home Affairs designated nine more individuals as “terrorists” under the amended anti-terror law that was passed by the Parliament last year. The nine terrorists are Wadhawa Singh Babbar, Pakistan-based chief of terrorist organisation Babbar Khalsa International; Lakhbir Singh, based in Pakistan and chief of terrorist organisation International Sikh Youth Federation; Ranjeet Singh, based in Pakistan and chief …

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