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SC Judgment Review 2021: Terror

24/12/2021

Supreme Court Observer / by Gauri Kashyap

We discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
In 2021, the Supreme Court issued 865 judgments. In a series of posts, we conduct a thematic review of the most important judgments of the year. Here, we discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Bail Under UAPA: Court in Review

13/12/2021

Supreme Court Observer / by Ayushi Saraogi

Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 lays down stringent provisions for the grant of bail.
In the aftermath of the Bombay terror attacks, the Union government enacted the UAPA Amendment Act, 2008. The Amendment introduced Section 43D (5), which required a Court to deny bail if there were reasonable grounds to believe that the case against the accused was prima facie true. The provision made bail difficult to secure, since it required the Court to assess guilt only by looking at the charge sheet prepared by the National Investigation Agency (NIA). The accused cannot provide any evidence outside the chargesheet in their defense.
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Also read:
● 4,690 UAPA arrests between 2018-21; only 3.1% convictions (The Federal / Dec 2021)
● UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague (Gauri Lankesh News / Nov 2021)
● Bhima Koregaon Case: Trying Without a Trial Is the Intent of Draconian UAPA Law (The Wire / July 2021)

Drawing by Arun Ferreira

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague

12/11/2021

Gauri Lankesh News / by Grauri Lankesh News Desk

The unlawful activities are defined in such a vague manner to make its application solely on the discretion of police machinery, say the petitioners.
The petition has been filed by two advocates and one journalist, who have been booked under UAPA in connection with their social media posts and work related to the recent communal violence in Tripura …
Many eminent lawyers and activists also petitioned against sections of UAPA
Bhima Koregaon accused Anand Teltumbde has filed a petition before the Bombay High Court challenging Section 43D of UAPA on bail as well as misuse of the term “front organisation” by the National Investigation Agency (NIA).
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As the police reach increasingly for draconian UAPA, are the courts pushing back?

11/11/2021

Scroll.in / by Umang Poddar

There have been a few instances recently of the courts granting bail to people accused under the anti-terror law.
… Over the past few years, there has been an increase in the number of cases against the government’s critics under the UAPA, a harsh law that was passed to deal with terrorist activities and actions such as inciting secession or disrupting the sovereignty and territorial integrity of India.
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Tracing The Footprints Of National Security Vis-À-Vis Fundamental Rights

11/11/2021

Live Law / by Kaustubh Tiwari

… It has been a sorry state of affairs for fundamental rights in the courts when the word national security is uttered by the government like in the Rafael, Bhima- Koregaon and Rohingya Refugee matters. The court’s dilettante disposition for fundamentals rights is quite conspicuously reflected by its own line of decisions. This being a persistent notoriety of the courts in India, it is time- warranted that the Supreme Court needs to find the correct opportunity to rectify the judicial alacrity to uphold provisions of law highly repugnant to fundamental rights when place against national security concerns and craft a balancing approach whereby fundamentals rights and the security of the state both can peacefully co-exist.
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Also read:
● Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA (Live Law / Sep 2021)