The Delhi High Court directed the Central Government to respond to petitions challenging UAPA amendments. These amendments allow designating individuals as terrorists, raising concerns over fundamental rights and democracy.
NEW DELHI: The Delhi High Court on Monday directed the Central Government to respond to multiple petitions challenging provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela stated, “Let affidavit/reply be filed on behalf of the union of India.” The matter has been posted for hearing in May 2024.
The case includes petitions by Sajal Awasthi, the Association for Protection of Civil Rights, and Amitabha Pande, who have challenged the 2019 amendments to the UAPA. These amendments allow the government to designate individuals as terrorists and seize their properties.
Additionally, the Foundation for Media Professionals (FMP) has challenged Section 10 of the Act, which criminalizes membership in banned organizations.
Additional Solicitor General (ASG) Chetan Sharma, representing the Centre, objected to the Foundation for Media Professionals’ challenge, stating that the Supreme Court had already decided on the issue.
“Cloak of ultra vires to challenge a 1967 Act can’t be used as a free pass for notice,” ASG Sharma said, arguing that the foundation lacked the locus standi (legal standing) to challenge the law.
He further emphasized that the pendency of the case in the Delhi High Court should not impact ongoing criminal proceedings under UAPA in other courts.
Senior advocate Arvind Datar, appearing for FMP, pointed out that several journalists are imprisoned under UAPA.
Petitioner Awasthi argued that the 2019 amendments violate fundamental rights, including the right to equality, free speech, and life and liberty.
“The amendments allow the government to suppress dissent under the guise of curbing terrorism, which is detrimental to democracy,” the plea stated.
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The Supreme Court had previously issued a notice to the Centre on September 6, 2019, questioning the constitutional validity of these amendments.
The UAPA amendments, passed by Parliament on August 2, 2019, and signed into law on August 9, 2019, also enforce a travel ban on individuals designated as terrorists.
The Association for Protection of Civil Rights (APCR) argued that these provisions infringe upon the right to reputation and dignity under Article 21 of the Constitution, without proper procedural safeguards.
The Delhi High Court will now examine the legality of these provisions, with the matter scheduled for a detailed hearing in May 2024.
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