Intention To Further Activities Of Terrorist Organization Mandatory For Offences Under Section 38/39 UAPA : Thwafa Fasal's Lawyer Argues For Bail In Supreme Court
3 years, 3 months ago

Intention To Further Activities Of Terrorist Organization Mandatory For Offences Under Section 38/39 UAPA : Thwafa Fasal's Lawyer Argues For Bail In Supreme Court

Live Law  

The Supreme Court on Tuesday started hearing in the cases relating to the bail for two Kerala-based youngsters, Thwaha Fasal and Allan Shuhaib, booked under the UAPA for alleged Maoist links.The bench of Justices Ajay Rastogi and A. S. Oka was hearing the the SLP filed by the National Investigation Agency challenging the Kerala High Court judgment which did not interfere with the trial. The Supreme Court on Tuesday started hearing in the cases relating to the bail for two Kerala-based youngsters, Thwaha Fasal and Allan Shuhaib, booked under the UAPA for alleged Maoist links. The bench of Justices Ajay Rastogi and A. S. Oka was hearing the the SLP filed by the National Investigation Agency challenging the Kerala High Court judgment which did not interfere with the trial court's order granting bail to law student Allan Shuhaib in a UAPA case registered over alleged Maoist links. Background The Kerala High Court division bench comprising Justices A Hariprasad and K Haripal in January allowed the appeal filed by the National Investigation Agency against the September 9 order passed by Special NIA Court, Kochi, granting bail to Thwaha, a student of journalism.

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History of this topic

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
3 weeks, 5 days ago

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks

Live Law  

The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order. The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda …

7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence
7 months ago

7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence

Live Law  

The Bhima Koregaon case, in which several activists and academicians have been incarcerated under the draconian Unlawful Activities Act 1967 over alleged Maoist links, raises a big question mark on India's civil liberties framework. Moreover, the doubts about the sustainability of the allegations are fortified by the repeated observations made by the Bombay High Court and the Supreme Court in …

UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI
7 months ago

UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI

New Indian Express  

The Supreme Court on Wednesday cancelled the bail granted to eight suspected members of the banned group PFI who were accused of having conspired to commit terrorist acts across the country, noting that the accusations against them are 'prima facie true'. The apex court passed the order cancelling the bail of the eight members after hearing the appeal of the …

Karnataka HC dismisses bail plea by ISIS terrorist
9 months, 3 weeks ago

Karnataka HC dismisses bail plea by ISIS terrorist

Op India  

The Karnataka High Court while denying bail to an ISIS terrorist has said that Article 21 cannot be stretched too long to afford protection to persons who have least concern for rule of law and pose threat to sovereignty and integrity of the nation. The HC said this while dismissing an appeal filed by ISIS terrorist Mazin Abdul Rahman who …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
10 months, 2 weeks ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

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 …

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 2 months ago

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Live Law  

The Supreme Court on Tuesday upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming. …

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court
1 year, 4 months ago

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court

Live Law  

The Supreme Court's decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise unyielding interpretation of the court's bail-granting powers under the Unlawful Activities Act, which flows from the Zahoor Ahmad Watali judgement. While deprecating the Delhi High Court's 'approach', the Supreme Court held that …

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
1 year, 6 months ago

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC

The Hindu  

What the court has to bear in mind is not only the rights and liberties of the accused but also the threat to safety of civil society when deciding the bail pleas of persons accused of terrorist activities, said the High Court of Karnataka. A Division Bench comprising Justice Krishna S. Dixit and Justice Pradeep Sing Yerur made these observations …

'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, …

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration
2 years, 5 months ago

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration

Live Law  

The Bombay High Court has granted bail to a man from Parbhani, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices Revati Mohite Dere and VG Bisht granted bail to Mohammad Raisuddin noting that laboratories had given divergent views connecting "oath" document to …

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 …

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts
2 years, 11 months ago

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts

Live Law  

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities Act, 1967 from the Supreme Court, High Courts and trial courts across the country. Writ Jurisdiction Can Be Exercised To Grant Bail On Health Grounds Even When Bail Has Been Rejected On Merits Under UAPA : Bombay High Court …

Supreme Court Judgment In Thwaha Fasal UAPA Case- A Flicker of Hope
3 years, 1 month ago

Supreme Court Judgment In Thwaha Fasal UAPA Case- A Flicker of Hope

Live Law  

Today, the Supreme Court handed down an important judgment reading down Sections 38 and 39 of the Unlawful Activities Prevention Act. On appeal, however, a two-judge bench of the Supreme Court, in a judgment authored by Oka J, set aside the High Court's judgment, and restored Thwaha Faisal's bail. Assuming all this was true, the bench holds, it must nonetheless …

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court
3 years, 1 month ago

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court

Live Law  

The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted if the chargesheet does not reveal a prima facie case. The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted …

Mere association or support for a terror outfit does not attract UAPA: Supreme Court
3 years, 1 month 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, 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 …

Supreme Court grants bail to journalism student Thwaha Fasal in UAPA case
3 years, 1 month ago

Supreme Court grants bail to journalism student Thwaha Fasal in UAPA case

The Hindu  

The Supreme Court on Thursday granted bail to Thwaha Fasal, a journalism student in his twenties, accused under the Unlawful Activities Act for having Maoist links. A Bench of Justices Ajay Rastogi and A.S. Oka also rejected an appeal filed by the National Investigation Agency challenging the bail granted to Alan Shuhaib, a third-year law student and Fasal’s co-accused in …

‘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 …

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