Supreme Court raises bar for UAPA charges – The Economic Times

Clipped from: https://economictimes.indiatimes.com/opinion/et-editorial/supreme-court-raises-bar-for-uapa-charges/articleshow/87375832.cmsSynopsis

Supreme Court made it clear that stringent conditions have to be met to deny citizens their liberty, even when there is prima facie proof of their association with a terrorist organisation.

While there is much public rejoicing over the Bombay High Court granting Aryan Khan the bail he deserved, the more significant bail order on Thursday came from the Supreme Court. The apex court set aside an order by the Kerala High Court overruling a trial court’s decision to grant bail to Thwaha Fasal, and rejected a petition by the National Investigation Agency to cancel the bail allowed to Alan Shuhaib, both accused of terror-related charges under the Unlawful Activities (Prevention) Act (UAPA). The Supreme Court made it clear that stringent conditions have to be met to deny citizens their liberty, even when there is prima facie proof of their association with a terrorist organisation.

The two youths were arrested for possessing Maoist literature and material such as red banners, one bearing a slogan demanding freedom for Kashmir, and some writing that the police say were the minutes of a meeting of Maoists. The Supreme Court observed that their association with a banned terrorist organisation was, on the face of it, established, assuming the chargesheet is accurate. ‘However, mere association with a terrorist organisation is not sufficient to attract Section 38 (of UAPA) and mere support given to a terrorist organisation is not sufficient to attract Section 39. The association and the support have to be with intention of furthering the activities of a terrorist organisation,’ said the court. Possession of documents and materials of the kind discovered in the possession of the accused does not amount to proof of intent to carry out terrorist activities, ruled the learned judges of the Supreme Court.

The ruling sets a clear and reasonable bar for determining culpability of those charged under UAPA that high courts and lower courts must clearly respect.

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12 Comments on this Story

Kish Sh 8 hours agoOUR JUDICIARY IS SUPPOSED TO BE THIRD PILLAR OF DEMOCRACY AND CONSTITUTIONAL TO PROTECT THE LAW ABIDING HONEST CITIZENS BUT IT SEEMS THEY AR THE THIRD PILLAR TO PROTECT CROOKS CHEATS ROGUES SHAMELESS DISGUSTING THUGS ANTINATIONALS TERRORISTS SEDITIONISTS FOR THEIR RIGHT TO DISSENT FREEDOM OF SPEECH AND RIGHT TO PROTEST OVER RIDING THE RIGHTS OF HONEST LAW ABIDING COMMON MAN .
Kish Sh 8 hours agoIS OUR JUDICIARY SPECIALLY UNDER NEW CJI WORKING FOR PROTECTING LAW ABIDING HONEST CITIZENS OR ARE THEY PAID TAXPAYERS MONEY TO PROTECT TERRORISTS ANTINATIONALS TOOLKIT AUTHORS TUKDE TUKDE GANG INCITERS OF VIOLENCE RIOTS MURDERS SEDITIONISTS DRUG ADDICTS PEDDLERS SUPPLIERS MAFIA .APPARENTLY OUR JUDICIARY IS A CORRUPT PAID STOOGE OF ALL THESE CROOKS CHEATS ROGUES SHAMELESS DISGUSTING THUGS AND MORONS .
Rajesh Jain 1 day agogiven the poor nations poor resources and underpoliced situation of the society, our utopian supreme court should be reciprocated by appropriate amendment of the law, rather retrospectively

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