UAPA 1967 (Syllabus: GS Paper 2 – Governance)

News-CRUX-10     28th December 2023        
Samadhaan

Context: The Muslim League Jammu Kashmir (Masarat Alam faction) MLJK-MA has been declared as an 'Unlawful Association' under Unlawful Activities (Prevention) Act (UAPA).


Unlawful Activities (Prevention) Act, 1967 (UAPA)

  • Passed: In 1967.
  • Aims: To effective prevention of unlawful activities and associations in India.

oThe Act grants complete authority to the central government

oIf the Centre perceives an activity as illegal, it can proclaim it as such through an Official Gazette.

  • Applicability: Under the act, both Indian and foreign nationals can be charged.
  • Punishment: The act has the death penalty and life imprisonment as the highest punishments.
  • Duration of punishment: Under section 43D, police are empowered to detain the accused in police custody for 30 days and in judicial custody for a period of 180 days without the charge sheet.
  • Application: Both Indian and foreign nationals can be charged.
  • Meaning of Unlawful Activity: It pertains to any action by an individual or group with the intent to undermine India's territorial integrity and sovereignty.

Judicial pronouncements on UAPA

  • Arup Bhuyan vs State Of Assam (2011): Mere membership of a banned organisation will not incriminate a person. It can be done if a person resorts to violence or incites people to violence or does an act intended to create disorder.
  • Union of India v. K A Najeeb (2021): Notwithstanding restrictions on bail under the UAPA, constitutional courts can still allow bail if they perceive that the accused’s fundamental rights have been violated.

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