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, 3 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 organization, or meetings of jihadi organizations will not amount to offence of "terrorist activity" under the UAPA. "The High Court says that if there is no terrorist act, then Sections 18, 16, 20 does not apply. The ASG categorically submitted that even though there is no specific allegation under Section 15, which deals with terrorist act, Section 18, Section 18A, 18B, and Section 20 would independently apply.

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History of this topic

HC ought to have first shot at deciding pleas challenging 2019 amendment to UAPA, says Supreme Court
1 month, 1 week ago

HC ought to have first shot at deciding pleas challenging 2019 amendment to UAPA, says Supreme Court

The Hindu  

The Supreme Court on Tuesday said petitions challenging the 2019 amendment in the Unlawful Activities Act that confers the Centre with “discretionary, unfettered and unbound powers” to categorise a person as a ‘terrorist’, must be first heard and decided by the High Court. A Bench headed by Chief Justice of India Sanjiv Khanna said the High Court must have the …

Preparing for terror act also UAPA offence: Delhi high court
2 months ago

Preparing for terror act also UAPA offence: Delhi high court

Hindustan Times  

The Delhi high court has ruled that preparing to commit an act likely to cause death, injury, loss, or destruction constitutes a “terrorist act” under the stringent Unlawful Activities Act or UAPA, clarifying that such preparatory actions also fall within the ambit of the anti-terror law, which aims to prevent grave offenses threatening national security. “Thus, upon a conjoint reading …

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

'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order
2 years, 3 months 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, 4 months 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, 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 …

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 …

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 …

'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 …

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 …

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 …

Supreme Court seeks Centre's response on pleas challenging validity of amendments to UAPA
5 years, 6 months ago

Supreme Court seeks Centre's response on pleas challenging validity of amendments to UAPA

India TV News  

The Supreme Court on Friday sought a response from the Centre on petitions challenging the constitutional validity of the amendments made to the UAPA. The petitions challenges the changes to the Unlawful Activities Act on various grounds, including that these infringed upon fundamental rights of citizens and empowered agencies to declare persons a terrorist. A bench comprising Chief Justice Ranjan …

SC Issues Notice On Plea Challenging Validity Of UAPA Amendment
5 years, 6 months ago

SC Issues Notice On Plea Challenging Validity Of UAPA Amendment

Live Law  

The Supreme Court on Friday issued notice on a petition challenging the constitutional validity of Unlawful Activities Amendment Act 2019, which enabled the Centre to designate individuals as terrorist.The CJI-led bench was hearing the petitions filed by one Sajal Awasthi, a resident of Delhi, and an NGO Association for Protection of Civil Rights who sought for for a. The Supreme …

'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 …

Understanding The Unlawful Activities (Prevention) Act, 1967
6 years, 5 months ago

Understanding The Unlawful Activities (Prevention) Act, 1967

Live Law  

Full text of Lecture delivered by Senior Advocate Rebecca M.John at the Delhi High Court in a Seminar entitled "Understanding the Unlawful Activities Act 1967"At the start of the Sino-Indo Conflict on 20th October 1962, a state of Emergency was declared under Article 352 of the Constitution of India, on grounds of external aggression. Nothing in this section shall apply …

Rethink the new UAPA
12 years, 2 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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