The Delhi High Court on Monday directed the Center to respond to petitions challenging some provisions of the Unlawful Activities (Prevention) Act, 1967. A bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela said, “The affidavit/reply should be filed by the Union of India.” The petitions have also challenged the provisions of arrest and bail sanctions under the anti -terrorism law.
The court, which listed the case in May, was considering petitions transferred from the Supreme Court against the UAPA provision, in addition to the petition of the Foundation for Media Professionals, which makes the membership of organizations declared illegal criminal.
On 4 February, the apex court sent the petitions of Sajal Awasthi, Association for Protection of Civil Rights (APCR) and Amitabh Pandey to the High Court, which challenged the amendment in the UAPA provisions, which gives the state the right to declare individuals terrorists and seize property.
Additional Advocate General Chetan Sharma, while objecting to the challenge of making the membership criminal for media professionals, assured to record the center’s stand on record. Questioning the jurisdiction of the foundation, ASG Sharma said that the apex court settled the issue and eventually “buried”.
“Free passes cannot be used for notice under the guise of jurisdiction to challenge the Act of 1967,” he said. Sharma said that people associated with the foundation have personal complaints. He said that the pending case in the High Court should not have any effect on criminal proceedings under the law in other courts.
Senior advocate Arvind Datar appeared on behalf of the Foundation and said that many journalists are in jail under the UAPA and the cases transferred by the Supreme Court are also now before the High Court. Sending the petitions to the High Court, the Supreme Court said that complex legal issues often arise in such cases and it would be appropriate for the High Courts to investigate it first.
The apex court on September 6, 2019 issued a notice to the Center on petitions challenging the constitutional validity of the 2019 amendment in the UAPA. Awasthi said in his petition that the amended provisions violate the right to life and freedom in addition to the right to equality of citizens such as equality, speaking and expression. The petition stated that the amendment has given the government the right to impose indirect restrictions on the right to disagree, which is harmful to the developing democratic society under the guise of curbing terrorism.
The Bill for amending the UAPA was passed by Parliament on August 2, 2019 and on 9 August the same year it received the consent of the President. The revised law also implements a traveling ban on terrorists declared. APCR said that amendments have violated the fundamental right to prestige and respect under Article 21 of the Constitution without following the original and procedural appropriate process.
