Insurmountable Condition For Bail: Stan Swamy Challenges Constitutionality Of Section 43D(5) In Bombay High Court

03/07/2021

Live Law / by Srishti Ojha

Octogenarian Stan Swamy, a tribal rights activist, from Ranchi and accused in the 2018 Bhima Koregaon – Elgaar Parishad case, has moved the Bombay High Court challenging the Section 43-D (5) of the Unlawful Activities Prevention Act, which imposes strict conditions for grant of bail, for being violative of Articles 14, 19 and 21 of the Constitution.
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Fr Stan Swamy challenges constitutional validity of UAPA’s bar on grant of bail before Bombay HC

03/07/2021

The Leaflet / by The Leaflet

Father Stan Swamy, an accused in the Bhima Koregoan case, has approached the Bombay HC challenging Section 43D(5) of the Unlawful Activities (Prevention) Act [UAPA] which bars grant of bail if the accusation is prima facie true.
In his plea, Swamy has contended that this provision creates an unsurmountable hurdle for the accused to get bail and, thus, is violative of Articles 14 (right to equality)  and 21 (right to life and personal liberty) of the Constitution.
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