UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court
2 years, 8 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 prosecuted for the said offence and it is not necessary that he should be a member of any banned organization which is mentioned in first schedule of UAP Act as terrorist organization. the Court has to consider the material on record and ascertain whether there are reasonable grounds for believing that the accusations against the accused persons is prima facie true and if it is not, then the Court can exercise its discretion and also there is a rider that the burden is high on the accused in terms of the proviso contained in Section 43-D of the UAP Act to demonstrate that the prosecution has not been able to show that there exists reasonable grounds to show that the accusations against them is prima facie true. Therefore, as per the provisions contained under Section 43 of the UAP Act the accused persons facing charge under the provisions of the said Act are not entitled for bail unless the Court comes to the conclusion that there is no prima facie case against them."

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History of this topic

'Can't ignore speeches for brainwashing': Appeal in anti-terror law case rejected
2 months, 3 weeks ago

'Can't ignore speeches for brainwashing': Appeal in anti-terror law case rejected

India Today  

Speeches to brainwash innocent men and recruit them for illegal acts against the country cannot be completely washed away in the absence of a specific terrorist act, the Delhi High Court has said and dismissed the plea of a terror case accused. "Speeches which are given to brainwash innocent youth coupled with attempts to recruit them for committing unlawful and …

[UAPA] Contemplation Of Terrorist Act For Years Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court
2 months, 3 weeks ago

[UAPA] Contemplation Of Terrorist Act For Years Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court

Live Law  

While hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent under the Unlawful Activities Act, the Delhi High Court has observed that contemplation of a terrorist act for years even if it may be carried out to after several years constitutes a terrorist act. Such an expression would not be linked only to an immediate …

New Penal Code Bill Widens Scope Of "Terrorist Act", Includes Acts Threatening Economic Security Of India
1 year, 3 months 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 …

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, 4 months 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 …

10 individuals, including Hizbul commanders, declared 'terrorists' under UAPA
2 years, 5 months ago

10 individuals, including Hizbul commanders, declared 'terrorists' under UAPA

India TV News  

10 individuals, including Hizbul commanders, declared 'terrorists' under UAPA All of them have links with terror groups Lashkar-e-Taiba, Hizbul Mujahideen, Tehreek-ul-Mujahideen, Harkat-ul-Jihad-e-Islami, and Jammu and Kashmir Islamic Front. Highlights In a statement, the ministry has named all individuals who have been declared 'terrorists' All individuals and groups were involved with terror attacks in Jammu and Kashmir One of the individuals …

Explained: How an organisation is banned under stringent UAPA law
2 years, 5 months ago

Explained: How an organisation is banned under stringent UAPA law

India Today  

With the central government now issuing a notification to declare the Popular Front of India as an "Unlawful Association", India Today looks at the process by which such a declaration can be made. Under section 2 of the UAPA, an unlawful activity in relation to an individual or association means - - Any action taken by such an individual or …

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, 10 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 …

LeT chief Hafeez Saeed’s son designated as a terrorist under UAPA
2 years, 11 months ago

LeT chief Hafeez Saeed’s son designated as a terrorist under UAPA

The Hindu  

The Ministry of Home Affairs has designated Hafiz Talha Saeed, son of the chief of Pakistan-based terror outfit Lashkar-e-Taiba Hafiz Mohammad Saeed, as a “terrorist “ under the Unlawful Prevention Act. In a gazette notification on April 8, MHA said “Hafiz Talha Saeed has been actively involved in recruitment, fund collection, planning and executing attacks by LeT in India and …

Mere association or support for a terror outfit does not attract UAPA: Supreme Court
3 years, 4 months ago

Mere association or support for a terror outfit does not attract UAPA: Supreme Court

The Hindu  

The Supreme Court on Thursday held that “mere association” with a terrorist organisation as a member or otherwise is not sufficient to attract an offence under the draconian Unlawful Activities Act of 1967. “In the absence of sanction and the fact that NIA did not even seek sanction for the offence punishable under Section 20, a prima facie case of …

Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA : Supreme Court
3 years, 4 months 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 …

"Young Children Are Idealists, Inspired By Certain Ideology. But There is No Allegation That They Have Intention To Further The Activities": Sr.Ad. Basant Argues In Allan Thwaha UAPA Case
3 years, 6 months ago

"Young Children Are Idealists, Inspired By Certain Ideology. But There is No Allegation That They Have Intention To Further The Activities": Sr.Ad. Basant Argues In Allan Thwaha UAPA Case

Live Law  

The Supreme Court on Thursday remarked that the NIA's argument that sanction for prosecution under the UAPA for association with a banned organisation extends to the offence of membership of the organisation itself would result in a situation where a person, for being a member, attracts life imprisonment, but if the member, with the intention to further the activities of …

‘Misused, abused’: India’s harsh terror law under rare scrutiny
3 years, 7 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 …

'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court
3 years, 9 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 …

All terrorists are criminals but not all criminals are terrorists: Delhi HC
3 years, 9 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 …

42 Outfits Banned in India for Involvement in Terror Activities: Govt
4 years ago

42 Outfits Banned in India for Involvement in Terror Activities: Govt

News 18  

A total of 42 terrorist organisations like the Lashkar-e-Taiba and the Jaish-e-Mohammed have been banned by the government for their involvement in various acts of terrorism, which is largely been Three civilians were also killed in the hinterland due to the terrorist violence in last three years, he said. “The government has declared 42 organisations as terrorist organisations and listed …

Centre Designates Chhota Shakeel, Tiger Memon, Bhatkal Brothers & 14 Others As 'Terrorists' [Read Notification]
4 years, 4 months ago

Centre Designates Chhota Shakeel, Tiger Memon, Bhatkal Brothers & 14 Others As 'Terrorists' [Read Notification]

Live Law  

The Central Government has designated eighteen more individuals including Chhota Shakeel, Bhatkal brothers and Tiger Memon as 'terrorists' The Home Ministry has invoked its powers under clause of sub-section of section 35 of the Unlawful Activities Act, to notify the names of followingindividual in the Fourth Schedule to the said Act, if it believes that he is involved in terrorism. …

Hizbul chief Syed Salahuddin, IM's Bhatkal brothers among 18 designated as terrorists under UAPA
4 years, 4 months ago

Hizbul chief Syed Salahuddin, IM's Bhatkal brothers among 18 designated as terrorists under UAPA

Firstpost  

Four close aides of underworld don Dawood Ibrahim have also been named in the list: Shaikh Shakeel alias Chhota Shakeel, Mohammad Anis Shaikh, Ibrahim Memon alias Tiger Memon and Javed Chikna New Delhi: Chief of the banned Hizbul Mujahideen Syed Salahudin and founders of Indian Mujahideen outfit Bhatkal brothers are among the 18 people who have been designated as “terrorists” …

Hizb Chief, Bhatkal Brothers, IC814 Hijackers Among 18 More Designated 'Terrorists' Under UAPA
4 years, 4 months ago

Hizb Chief, Bhatkal Brothers, IC814 Hijackers Among 18 More Designated 'Terrorists' Under UAPA

News 18  

Continuing to deal with terrorism with an “iron hand”, the government on Tuesday designated 18 more individuals as “terrorists” including chief of the banned Hizbul Mujahideen Syed Sallahudin, founders of Indian Mujahideen Bhatkal brothers and a close lieutenant of underworld don Dawood Ibrahim, Chhota Shakeel, taking the total number of such proscribed persons to 31. The hijackers of an Indian …

Hizbul Mujahideen Chief Sallahuddin, IM's Bhatkal Brothers Designated 'Terrorists' Under UAPA
4 years, 4 months ago

Hizbul Mujahideen Chief Sallahuddin, IM's Bhatkal Brothers Designated 'Terrorists' Under UAPA

News 18  

Chief of the banned Hizbul Mujahideen Syed Sallahudin and founders of Indian Mujahideen outfit Bhatkal brothers are among the 18 people who have been designated as ”terrorists” under the anti-terror law, an official spokesperson said here on Tuesday. The hijackers of an Indian Airlines plane in 1999 — Abdul Rauf Asghar, Ibrahim Athar and Yusuf Azhar — have also been …

India designates nine individuals linked to Khalistani groups as terrorists
4 years, 8 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 …

Plea In SC Challenges The Unfettered Power Of Government To Designate An Individual As A Terrorist[Read Petition]
5 years ago

Plea In SC Challenges The Unfettered Power Of Government To Designate An Individual As A Terrorist[Read Petition]

Live Law  

A plea has been filed in the Supreme Court challenging the constitutional validity of the Unlawful Activities Prevention Act, 1967 as well as the Unlawful Activities Amendment Act, 2019. Furthermore, the Petitioner has contended that as section 35 of the UAPA does not specifically lay down powers of the central government in terms of the applicable stage that a person …

New Act UAPA: Absolute power to state
5 years, 5 months ago

New Act UAPA: Absolute power to state

The Hindu  

ON August 14, the Government of India notified amendments to the Unlawful Activities Act, 1967, empowering itself to designate individuals as “terrorists” without providing them any effective redress. Under provisions imported from the Prevention of Terrorism Act on its repeal in 2004, the UAPA empowered the government to ban organisations branded as “terrorist”. This allows the government ample room to …

SC seeks Centre's response on pleas challenging constitutional validity of Section 35, 36 of UAPA Act
5 years, 6 months ago

SC seeks Centre's response on pleas challenging constitutional validity of Section 35, 36 of UAPA Act

Firstpost  

New Delhi: The Supreme Court on Friday sought the Centre’s response on PILs seeking direction to declare unconstitutional the Unlawful Activities Amendment Act, 2019, that confers power upon the Central government to designate an individual as a terrorist. Section 35 of UAPA 2019 does not specify detailed grounds or reasons based on which an individual can be termed as a …

Individuals can now be declared as terrorists: President Kovind gives assent to UAPA amendments
5 years, 7 months ago

Individuals can now be declared as terrorists: President Kovind gives assent to UAPA amendments

India Today  

President Ram Nath Kovind has given assent to a legislation under which individuals can be declared as terrorists and their properties seized, officials said on Friday. India's most wanted, Lashkar-e-Taiba founder Hafiz Saeed and Jaish-e-Mohammad chief Masood Azhar, are likely to be the first two individuals to be designated as terrorists under the legislation, the officials said. Home Minister Amit …

Individuals from Telangana, AP under UAPA terror lens
5 years, 7 months ago

Individuals from Telangana, AP under UAPA terror lens

Deccan Chronicle  

Hyderabad: With the Rajya Sabha passing the Unlawful Activities Amendment Bill, which enables the government to designate individuals as terrorists, the National Investigation Agency is finalising the initial list of “most wanted” persons who will be officially designated as terrorists. Sources told Deccan Chronicle that while the names of Jaish-e-Mohammed chief Maulana Mazood Azhar, Lashkar-e-Tayyaba chief Hafiz Mohammed Sayeed, the …

Opinion | Aaj Ki Baat July 24 episode: Only Congress can tell why it is opposing amendments to UAPA
5 years, 8 months ago

Opinion | Aaj Ki Baat July 24 episode: Only Congress can tell why it is opposing amendments to UAPA

India TV News  

The Lok Sabha on Wednesday passed the Unlawful Activities Amendment Bill which provides for classifying individuals having terror links as terrorists. The amendment bill also allows the National Investigation Agency to attach properties linked to terror outfits, without taking permission from the state police chief. The present law gives power to the state police DGP to give permission to attach …

Essential to keep law enforcement agencies one step ahead of terrorists: Amit Shah on UAPA Amendment Bill
5 years, 8 months ago

Essential to keep law enforcement agencies one step ahead of terrorists: Amit Shah on UAPA Amendment Bill

India TV News  

Home Minister Amit Shah on Wednesday defended Unlawful Activities Amendment Bill, saying it was essential to keep law enforcement agencies one step ahead of terrorists. The Unlawful Activities Amendment Bill was passed in the Lok Sabha after a division with 287 members supporting the bill and eight opposing it. Responding to a debate on a bill which amends the Unlawful …

'Mere Membership Of Banned Organization Will Not Lead To Inference Of Committing Terrorist Act'; SC Upholds Bail To Alleged Maoist Sympathiser [Read Order]
5 years, 9 months ago

'Mere Membership Of Banned Organization Will Not Lead To Inference Of Committing Terrorist Act'; SC Upholds Bail To Alleged Maoist Sympathiser [Read Order]

Live Law  

The Supreme Court has dismissed the challenge brought by Maharashtra Government against the Bombay High Court's order granting bail to alleged Maoist sympathiser Konnath Muralidharan, who has been in custody in Pune's Yerwada jail since May 2015. "No case is made out to interfere with the impugned order passed by the High Court", said the bench of Justices Arun Mishra …

Vague definition of a terrorist, several ad hoc amendments make Unlawful Activities (Prevention) Act a draconian law
6 years, 6 months ago

Vague definition of a terrorist, several ad hoc amendments make Unlawful Activities (Prevention) Act a draconian law

Firstpost  

The law under consideration is the Unlawful Activities Act, 1967. The ambiguity of the law restricts the freedom of speech and expression and the court had to always actively intervene to protect the said rights of the citizens charged under this Act. The ambiguity of the law restricts freedom of speech and expression and the court had to always actively …

Unlawful Activities Act: India's anti-terrorism law's ambiguous nature gives unreasonable power to authorities
6 years, 6 months ago

Unlawful Activities Act: India's anti-terrorism law's ambiguous nature gives unreasonable power to authorities

Firstpost  

The Unlawful Activities Act, 1967 is India’s anti-terrorism law. It reads: " ‘unlawful activity’, in relation to an individual or association, means any action taken by such individual or association, which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part …

Govt may term Sanatan Sanstha terror entity, but gaping holes in law hamper police action on fringe elements
6 years, 6 months ago

Govt may term Sanatan Sanstha terror entity, but gaping holes in law hamper police action on fringe elements

Firstpost  

If the Maharashtra Anti-Terrorism Squad is to be believed, it has just exposed an insidious terror plot being hatched by Sanatan Sanstha. A dossier is being prepared, seeking the Union government’s approval to declare the organisation a “terrorist organisation” under the Unlawful Activities Prevention Act, 1967. An entity is declared as an “unlawful association” based on its objects whereas a …

Offences threatening economic security now under UAPA
12 years, 3 months ago

Offences threatening economic security now under UAPA

The Hindu  

Following an assurance from the Centre that the Unlawful Activities Amendment Bill, 2012 was not targeted against any community, religion or caste, Parliament on Thursday passed legislation that seeks to expand the definition of “terrorist act” by incorporating offences that threaten India’s economic security, including circulation of high value counterfeit currency and financing of terrorist activities. Comparing the legislation to …

Rethink the new UAPA
12 years, 3 months ago

Rethink the new UAPA

The Hindu  

Thanks to robust resistance offered by members of the Upper House, Parliament has bought itself more time to debate the wisdom of adding more draconian provisions to the already twice-amended Unlawful Activities Act. The government pushed through the latest set of amendments in the Lok Sabha overriding objections and demands for greater scrutiny of the Bill, especially in the light …

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