Supreme Court seeks Centre’s reply on pleas challenging UAPA amendments

A bench headed by Chief Justice of India Ranjan Gogoi issued notice to Centre on petitions challenging the Unlawful Activities Prevention Amendment (UAPA) Bill, alleging it violates fundamental rights.

By: Express Web Desk
New Delhi | Updated: September 6, 2019 01:26 PM IST

3 min read

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The Supreme Court issues notice to Centre on UAPA amendments.

Over a month after the Unlawful Activities Prevention Amendment (UAPA) Bill was passed by Parliament, the Supreme Court Friday issued a notice to the Centre seeking its reply on the amendments to the anti-terror legislation. A bench headed by Chief Justice of India (CJI) Ranjan Gogoi issued the notice on petitions claiming that the amendments violate fundamental rights and empower agencies to designate an individual as a “terrorist”.

On July 24, Lok Sabha cleared the amendments to the existing laws under the UAPA amid a flurry of criticism by the opposition parties and civil liberties lawyers. The bill was passed in Rajya Sabha on August 2.

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Under the previous UAPA law, it required an investigating officer to take prior permission of the Director-General of Police of a state for conducting raids and seizing properties that are suspected to be linked to terrorist activities. The amendment Bill, however, removed this requirement if the investigation is conducted by an officer of the National Investigation Agency (NIA). The investigating officer, under the amended Bill, only requires sanction from the Director-General of NIA.

Home Minister Amit Shah had assured the amendments will not be misused. (Express photo by Renuka Puri.)

Central agencies such as the Central Bureau of Investigation (CBI) are required to obtain prior permission from the state government since law and order is a state subject under the Constitution.

Earlier, in line with the legal presumption of an individual is innocent until proven guilty, an individual who was convicted in a terror case was legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused. The Bill does not clarify the standard of proof required to establish that an individual is involved or is likely to be involved in terrorist activities.

The Home Ministry in a notification announced that Dawood Ibrahim, Masood Azhar and Hafiz Saeed have been designated as terrorists.

The Bill also does not require the filing of cases or arresting individuals while designating them as terrorists.

Home Minister Amit Shah while discussing the bill in the Rajya Sabha had said, “A four-level scrutiny has been provided in the amendment and no human rights will be violated.” He also said that declaring individuals as terrorists is required as they float different organisations once an institution is banned.

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