SC seeks Centre's response on pleas challenging constitutional validity of Section 35, 36 of UAPA Act
5 years, 4 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 terrorist, said the plea, adding that conferring of such an “arbitrary and unfettered power without any limits or bounds” amounts to a violation of Article 14 of the Constitution of India. Awasthi’s petition stated, “The new or amended Section 35 of the UAPA Act, 1967 empowers the Central government to categorise any individual as terrorist and add the name of such a person in Schedule 4 of the Act. It added that the UAPA, 2019 “does not afford an opportunity to an individual, being categorised as terrorist, to present his/her case and let such individuals to live on the whim and caprice of the society therein after.” The amended Section 35 of the UAPA, 1967 “directly and adversely affects the Fundamental Right to free speech and expression” as enshrined under Article 19 of the Constitution of India.

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History of this topic

[UAPA] Contemplation Of Terrorist Act For Years Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court
1 week, 6 days 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 …

Court Finds that Remand Requisition Report Containing Grounds of Arrest is Sufficient to Comply with Section 43B of the Unlawful Activities (Prevention) Act
2 months, 2 weeks ago

Court Finds that Remand Requisition Report Containing Grounds of Arrest is Sufficient to Comply with Section 43B of the Unlawful Activities (Prevention) Act

Live Law  

The Madras High Court has observed that the requirements under Section 43B of the Unlawful Activities (Prevention) Act are met when the remand requisition report, containing the grounds of arrest, is served on the accused. The court held that the language employed in Section 43B of the UAPA was clear and sufficient, and that the remand requisition report provided the …

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court
10 months, 1 week ago

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the intent of notifying a place under Section 8 of the Unlawful Activities Act, 1967, is to ensure that it is not used for unlawful activities and is not to seize properties of innocent owners who are neither members of the unlawful association nor involved in unlawful activities.Section 8 of the UAPA …

The Unlawful Activities (Prevention) Act, 1967 a threat to media freedom in India
1 year, 3 months ago

The Unlawful Activities (Prevention) Act, 1967 a threat to media freedom in India

The Hindu  

Published : Oct 06, 2023 18:01 IST - 5 MINS READ The arrest of the NewsClick founder and Editor-in-Chief, Prabir Purkayastha and its Human Resources head, Amit Chakraborty under the UAPA has brought into focus the gross abuse of the Act by those in power to curb dissent. This proviso says an accused shall not be released on bail or …

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 …

Mere Possession Of Extremist Literature Not 'Terrorist Activity' Under UAPA; No 'Credible Evidence' Against Vernon & Arun: Supreme Court
1 year, 5 months ago

Mere Possession Of Extremist Literature Not 'Terrorist Activity' Under UAPA; No 'Credible Evidence' Against Vernon & Arun: Supreme Court

Live Law  

Mere possession of literature even if it inspires or propagates violence by itself would neither amount to a ‘terrorist act’ within the meaning of Section 15 of the Unlawful Activities Act, 2002, nor any other offences under Chapters IV and VI of the Act, the Supreme Court of India held while granting bail to Bhima Koregaon-accused and activists Vernon Gonsalves …

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, 1 month 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 …

UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court
2 years, 6 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 …

Time ideal to amend UAPA: rights group
2 years, 8 months ago

Time ideal to amend UAPA: rights group

The Hindu  

A New Delhi–based rights group has called for an amendment to the Unlawful Activities Act, 1967, or UAPA, following the partial withdrawal of the Armed Forces Act of 1958 from Assam, Manipur and Nagaland on March 31. The Rights and Risks Analysis Group said the reduction in violent incidents, including left–wing extremism besides the Centre’s move on the AFSPA makes …

LeT chief Hafeez Saeed’s son designated as a terrorist under UAPA
2 years, 9 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 …

Sachin Waze Moves Delhi High Court Seeking To Quash Sanction Under UAPA In Antilia Bomb Scare Case
2 years, 11 months ago

Sachin Waze Moves Delhi High Court Seeking To Quash Sanction Under UAPA In Antilia Bomb Scare Case

Live Law  

Dismissed Mumbai police officer Sachin Waze has moved the Delhi High Court seeking to quash the sanction granted under the Unlawful Activities Prevention Act in order to prosecute him in connection with Antilia bomb scare case.The plea which came before a bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani on Monday was posted for hearing on January …

Tripura Violence- SC Issues Notice On Plea Alleging UAPA Against Journalists, 41A Notices To Lawyers, No FIR Against Culprits' By Police
3 years, 1 month ago

Tripura Violence- SC Issues Notice On Plea Alleging UAPA Against Journalists, 41A Notices To Lawyers, No FIR Against Culprits' By Police

Live Law  

The Supreme Court on Monday issued notice on a plea seeking Independent investigation into the recent communal violence in Tripura and into the complicity and inaction of the police.The bench of Justices DY Chandrachud and AS Bopanna granted liberty to serve the central agency and the standing counsel for the state of Tripura. The Supreme Court on Monday issued notice …

Tripura anti-Muslim riots: SC to hear plea seeking quashing of UAPA against lawyers, journalists
3 years, 1 month ago

Tripura anti-Muslim riots: SC to hear plea seeking quashing of UAPA against lawyers, journalists

Firstpost  

Advocates Mukesh and Ansarul Haq, and journalist Shyam Meera Singh have been accused in the FIR lodged at the West Agartala Police Station under the IPC and the UAPA provisions for spreading ‘malicious propaganda with a view to creating hatred between two religious groups’ New Delhi: The Supreme Court Thursday agreed to hear a plea of two advocates and a …

'Vague Definition Of Unlawful Activities' : Plea In Supreme Court Challenges Constitutionality Of UAPA Provisions
3 years, 1 month 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 …

Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA : Supreme Court
3 years, 2 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, 3 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 …

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 …

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 undermines personal liberty
3 years, 6 months ago

UAPA undermines personal liberty

Hindustan Times  

Our worst fears, when the Unlawful Activities Amendment Bill was approved by Parliament in August 2019, have come true. If a person does terrorist activities, plans to commit terrorist acts, aids in terrorism or is linked to any terrorist organisation, then he will be declared as a terrorist…” In response, we, while opposing the Bill, expressed our concern that this …

'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 …

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 …

Centre Designates Chhota Shakeel, Tiger Memon, Bhatkal Brothers & 14 Others As 'Terrorists' [Read Notification]
4 years, 2 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. …

'Generating Disaffection Towards Constitution Equivalent To Disrupting Sovereignty Of India' : Delhi Police Says To Invoke UAPA Against Sharjeel Imam
4 years, 5 months ago

'Generating Disaffection Towards Constitution Equivalent To Disrupting Sovereignty Of India' : Delhi Police Says To Invoke UAPA Against Sharjeel Imam

Live Law  

To invoke Section 13 of the Unlawful Activities Prevention Act, 1967 against Sharjeel Imam, student of Jawaharlal Nehru University, the Delhi police has cited a speech allegedly made by him calling for the rejection of the Constitution of India as a 'fascist document'.The police had sought extension of time for probe, beyond the period of 90 days, by stating that …

Central Government Notifies 9 Khalistani Leaders As 'Terrorists' Invoking Its Powers Under Amended UAPA Act [Read Notification]
4 years, 6 months ago

Central Government Notifies 9 Khalistani Leaders As 'Terrorists' Invoking Its Powers Under Amended UAPA Act [Read Notification]

Live Law  

The Central Government has notified nine Khalistani leaders as Terrorists. The Centre invoked its powers under clause of sub-section of section 35 of the Unlawful Activities Act, to notify the name of an individual in the Fourth Schedule to the said Act, if it believes that he is involved in terrorism. In the notifications issued today, the Home Ministry notified …

Plea In SC Challenges The Unfettered Power Of Government To Designate An Individual As A Terrorist[Read Petition]
4 years, 10 months 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, 3 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 …

Supreme Court seeks Centre's response on pleas challenging validity of amendments to UAPA
5 years, 4 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, 4 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 …

UAPA is against principles of law & justice
5 years, 5 months ago

UAPA is against principles of law & justice

Deccan Chronicle  

India has made a change to its anti-terrorism law, the Unlawful Activities Prevention Act. In 2006, the United Nations Special Rapporteur had said that to call an offence a “terrorist act”, three elements must be cumulatively present: the means used must be deadly; the intent behind the act must be to cause fear among the population or to compel a …

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, …

Individuals from Telangana, AP under UAPA terror lens
5 years, 5 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 …

P Chidambaram says passing amendments to UAPA will be 'monumental error', claims SC will strike changes
5 years, 5 months ago

P Chidambaram says passing amendments to UAPA will be 'monumental error', claims SC will strike changes

Firstpost  

Participating in a debate on the Unlawful Activities Amendment Bill, 2019 in Rajya Sabha, P Chidambaram urged the Centre to refer the Bill to the Select Committee for further scrutiny and take suggestions from eminent legal experts for its constitutionality before being passed by the House. New Delhi: Former home minister P Chidambaram on Friday termed “unconstitutional” the amendment brought …

Parliament approves amendment to UAPA; four-stage scrutiny will ensure human rights aren't violated, says Amit Shah
5 years, 5 months ago

Parliament approves amendment to UAPA; four-stage scrutiny will ensure human rights aren't violated, says Amit Shah

Firstpost  

While Lok Sabha had passed the Unlawful Activities Amendment Bill, 2019 that seeks to amend the Unlawful Activities Act, 1967 on 24 July, Rajya Sabha approved it after rejecting an Opposition- New Delhi: The Parliament on Friday approved an amendment to the anti-terror law to give powers to the central government to designate an individual as terrorist and seize his …

The anti-terror UAPA Amendment Bill 2019 passed in Rajya Sabha as Home Minister Amit Shah leads the charge
5 years, 5 months ago

The anti-terror UAPA Amendment Bill 2019 passed in Rajya Sabha as Home Minister Amit Shah leads the charge

Op India  

In a rebuttal against the apprehensions raised by Congress on the amendments suggested by the BJP government in the Unlawful Activities Act, Home Minister Amit Shah took charge in Rajya Sabha asserting that the procedures enlisted in his government’s proposed amendments to UAPA Act are elaborate and they do not discriminate the individuals based on their identity. Unlawful Activities Act …

Parliament Passes UAPA Amendment Bill Which Gives Centre Power To Designate An Individual As Terrorist [Read Bill]
5 years, 5 months ago

Parliament Passes UAPA Amendment Bill Which Gives Centre Power To Designate An Individual As Terrorist [Read Bill]

Live Law  

The Rajya Sabha on Friday passed the Unlawful Activities Amendment Bill 2019, which will enable the Central Government to notify an individual as 'terrorist'.It was cleared with 147 'yes' votes against 42 'no' votes. The Rajya Sabha on Friday passed the Unlawful Activities Amendment Bill 2019, which will enable the Central Government to notify an individual as 'terrorist'. As per …

UAPA Amendment Bill tabled in Rajya Sabha: Why more police powers with Centre may be a bad idea
5 years, 5 months ago

UAPA Amendment Bill tabled in Rajya Sabha: Why more police powers with Centre may be a bad idea

Firstpost  

India in recent weeks has been abuzz with some legal changes that the National Democratic Alliance government has been pursuing with respect to the national security framework. The UAPA Bill essentially proposes to make four changes to the existing UAP Act: It allows the Central government, subject to certain procedural requirements and conditions, to designate an individual as a terrorist. …

UAPA Amendment Bill to be debated in Rajya Sabha today: Draft law fails basic test of elasticity, doesn't safeguard against potential abuse
5 years, 5 months ago

UAPA Amendment Bill to be debated in Rajya Sabha today: Draft law fails basic test of elasticity, doesn't safeguard against potential abuse

Firstpost  

History lesson that this five-decade-old legislation teaches us is that use of UAPA lies in its misuse and one which has taken place across party lines. With the overwhelming majority of the Lok Sabha appearing convinced, only time will tell whether this was the first step towards a more secure India or the last nail in the coffin for free …

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

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