Today, On 18th July, The Supreme Court ruled that slow trial progress cannot be used to deny bail under the UAPA, despite a previous judgment. The Watali ruling should not be a blanket precedent for denial of bail to undertrial prisoners facing prolonged incarceration without foreseeable trial completion. The Court emphasized the right to a speedy trial and granted bail to a man accused under the UAPA, highlighting that statutory restrictions should not impede the granting of bail.
The Allahabad High Court disclosed a threat against Judge Ravi Kumar Diwakar, who ordered a survey of the Gyanvapi Mosque. An investigation uncovered a plot by Islamic fundamentalist groups to assassinate him. The controversy stems from differing claims about the mosque’s history. This event highlights the challenges faced by the judiciary in India, especially regarding sensitive religious cases.
Today(on 22nd June)The Unlawful Activities (Prevention) Tribunal upheld the Ministry of Home Affairs’ designation of Jammu and Kashmir-based organizations Muslim League [Masrat Alam faction] and Tehreek E Huriyat as unlawful under the UAPA. Formed by late separatist leader Syed Ali Shah Geelani, the ban on these groups has been extended by the tribunal for another 5 years.
On Friday(on 14th June),Delhi Lt. Governor V.K. Saxena has sanctioned the prosecution of author Arundhati Roy and former Kashmir professor Sheikh Showkat Hussain under the UAPA for allegedly making provocative speeches at a 2010 event. The FIR was registered based on the Court of Metropolitan Magistrate’s orders, according to Raj Niwas officials.
Mohsin Ibrahim Sayyed, convicted for ISIS recruitment and plotting an attack, had his plea rejected by the Delhi High Court. His request for concurrent sentencing of his Delhi and Mumbai cases was dismissed, emphasizing the gravity of his offenses. The court highlighted the need for stringent action against terrorism, supporting national security.
The victories of imprisoned candidates Amritpal Singh and Sheikh Abdul Rashid have raised questions about their eligibility as Members of Parliament in India. Despite their wins in the Khadoor Sahib and Baramulla constituencies, their ability to serve in the Lok Sabha hinges on the legal framework and the implications of their criminal charges. If convicted and sentenced to imprisonment for two years, they will automatically lose their seats. Past cases indicate that incarcerated individuals have been granted permission to temporarily fulfill their elected duties, but the final decision will ultimately rest with the House. Singh, detained under the National Security Act (NSA), has been vocal about his initiatives against drug abuse in Punjab, while Rashid faces charges under the Unlawful Activities Prevention Act (UAPA) and ran for election on an Awami Ittehad Party ticket.
Former Supreme Court Judge Madan Lokur emphasized the constitutional right to silence for arrested individuals during a discussion on freedom of expression. He highlighted the interconnectedness of fundamental rights and warned about suppressing freedom of speech. Parallelly, Prabir Purkayastha reflected on his experiences and emphasized democratic resilience and support for those imprisoned.
Today(on 28th May),Former JNU scholar Umar Khalid’s bail plea in the Delhi riots conspiracy case was rejected by the Karkardooma Courts’ Additional Sessions Judge Sameer Bajpai on 28th May. This continues a legal saga that has seen Khalid seeking bail from various courts since his arrest in September 2020 in connection with the February 2020 Delhi riots. The case has raised discussions surrounding civil rights and the application of anti-terrorism laws in India.
The recent discussion on the Unlawful Activities Prevention Act (UAPA) in Delhi raised concerns about its potential misuse if the current Government returns to power. Senior advocates emphasized the perilous state of civil liberties in India and highlighted arbitrary detentions under UAPA. There is an urgent need for judicial independence and adherence to constitutional rights.
Today(on 15th May), The Supreme Court overturned the UAPA-related arrest of NewsClick’s Prabir Purkayastha, ordering his release on bail with surety due to violations of natural justice during the remand process. The Court also questioned the manner in which the remand hearing was conducted and raised concerns about the lack of advance notice to Purkayastha’s lawyer.