Swamy said section 43D(5) of the UAPA was violative of the accused person's fundamental right to life and liberty as guaranteed by the Constitution even as the high court on Saturday extended the stay of the 84-year-old Jesuit priest at a private hospital in Mumbai till July 6.
The Delhi High Court has ordered Jammu and Kashmir MP Abdul Rashid Sheikh, alias Engineer Rashid, to deposit Rs 4 lakh with the prison authorities as travel expenses for attending Parliament. The court allowed Rashid to attend the ongoing Parliament session "in-custody" till April 4, but the NIA had raised concerns about him being a flight risk. Rashid has been lodged in Delhi's Tihar Jail since 2019 after the NIA arrested him in a 2017 terror-funding case.
The Jammu and Kashmir Police has registered two cases against medical students in Srinagar under the Unlawful Activities (Prevention) Act for celebrating Pakistan's victory over India in a T20 international cricket match, officials said on Tuesday.
A bench comprising Chief Justice N V Ramana and Justices D Y Chandrachud and Surya Kant also issued a notice to the Agartala police on the plea filed by advocates, Mukesh and Ansarul Haq, and journalist Shyam Meera Singh against lodging of the FIR.
The high court judgments will "not to be treated as precedent by any court" to give similar reliefs, the apex court said while hearing Delhi police's appeal against the bail granted to 3 Delhi students.
The Tripura police have registered a case against four Supreme Court lawyers under the stringent Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code for allegedly promoting communal disharmony with their social media posts about the recent violence targeting Muslims
A police release in Coimbatore said a case has been registered in the Ukkadam police station over the incident.
The Supreme Court Thursday agreed to hear a plea of two advocates and a journalist seeking quashing of a criminal case lodged under the harsh Unlawful Activities (Prevention) Act provisions against them for allegedly bringing facts through social media posts about the 'targeted violence' against the minority community in Tripura.
The high court said the sanction for prosecution under the UAPA was given six months after receiving a recommendation for the same and it was also "bereft of any application of mind".
The Delhi High Court has ruled that an undertrial's prolonged incarceration cannot be a reason to grant bail in terrorism cases, emphasizing the gravity of such offenses and their potential to destabilize the nation. The court denied bail to separatist leader Nayeem Ahmad Khan in a terror-funding case involving Lashkar-e-Taiba (LeT) and 26/11 Mumbai attack mastermind Hafiz Saeed. The court considered the accused's argument regarding a prolonged trial and his right to liberty but emphasized that the serious nature of the crime, with its potential to disrupt national unity and create fear among the public, outweighs the length of incarceration. Khan, who was arrested in 2017, has been accused of conspiring for secession of Jammu and Kashmir through terrorist activities, receiving funding from Pakistan, and organizing anti-India rallies and demonstrations. The court highlighted the evidence, including witness statements and documents, supporting the accusations against Khan.
A division bench of Justices Bharati Dangre and Manjusha Deshpande warned that it would impose costs on the authorities for denying parole only on the ground that Baig had been convicted of terror charges.
Officials said both the factions of the Hurriyat are likely to be banned under Section 3(1) of the Unlawful Activities (Prevention) Act, or the UAPA, under which "if the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful."
'We have been fighting to treat political prisoners differently.' 'Except for Hyderabad and Kolkata, the concept of keeping political prisoners separate doesn't exist in India.'
The student was detained three days after the ISIS India head Haris Farooqi alias Harish Ajmal Farukhi and his associate Anurag Singh alias Rehan were arrested in Dhubri district after they had crossed over from Bangladesh.
Assam Chief Minister Himanta Biswa Sarma on Sunday alleged that Congress MP Gaurav Gogoi visited Pakistan on an invitation from its spy agency Inter-Services Intelligence, and that he worked closely with the establishment of the neighbouring nation.
The high court said "foisting extremely grave and serious penal provisions", engrafted under the UAPA, "frivolously" upon people would undermine the intent and purpose of the Parliament in enacting a law that is meant to address threats to the very existence of our nation.
On January 29, the Central government had extended the ban imposed on the SIMI for five more years.
The National Investigation Agency (NIA) has arrested human rights activist Khurram Parvez under the Unlawful Activities (Prevention) Act in connection with a terror funding case, officials said on Tuesday, adding that he is likely to be taken to Delhi.
The National Investigation Agency Wednesday registered a case under the anti-terror Unlawful Activities (Prevention) Act in connection with the 'heinous murder' of a tailor in Rajasthan's Udaipur by two people who, the agency said, wanted to 'strike terror among the masses across the country'.
Delhi Lieutenant Governor V K Saxena has accorded sanction to prosecute author Arundhati Roy and a former professor in Kashmir under the stringent Unlawful Activities (Prevention) Act for allegedly making provocative speeches at an event in New Delhi in 2010, Raj Niwas officials said on Friday.
Researcher Rona Wilson and activist Sudhir Dhawale, accused in the Elgar Parishad-Maoist links case, were released on bail from a Navi Mumbai prison on Friday, more than six years after they were arrested. The duo walked out of the Taloja jail after completing bail formalities before the special NIA court, over a fortnight after they were granted bail by the Bombay High Court. The HC granted bail to Wilson and Dhawale on January 8, noting they had been in jail since 2018 and the trial in the case, in which anti-terror act UAPA has been invoked, was yet to start. Apart from Dhawale and Wilson, 14 other activists and academicians were arrested in the case. Eight of them have been granted bail till now, with one, Mahesh Raut, still in jail as the appeal filed by the National Investigation Agency (NIA) against his bail is pending before the Supreme Court. Jesuit priest and activist Stan Swamy, one of the accused, died in 2021 while lodged in judicial custody. The case pertains to provocative speeches allegedly delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, triggering violence at Koregaon-Bhima, a village outside Pune city, the next day. The Pune police had claimed the conclave was backed by Maoists. The NIA later took over the probe.
The law also provides for putting travel ban on such individuals once they are declared as terrorists.
Maharashtra Chief Minister Devendra Fadnavis has re-introduced the Special Public Security Bill in the state assembly, aiming to combat 'urban Naxalism'. The bill, which seeks to criminalize activities deemed to disrupt public order, has faced criticism from opposition parties who argue it could stifle dissent. The proposed law will be referred to a joint select committee for review and is expected to be passed in the monsoon session next year.
Assam Chief Minister Himanta Biswa Sarma said his government may seek the help of agencies like the Interpol in investigating the alleged interference of Pakistani national Ali Tauqeer Sheikh, who allegedly has links with Congress MP Gaurav Gogoi's British wife, in India's internal affairs. Sarma said the probe is at an initial stage and he has informed Union Home Minister Amit Shah about the developments in the case.
The police can now name them in their supplementary charge sheet, an official said. In a late evening statement, the government said that this is a purely procedural matter, adding that the elected government has no role to play in this.
After Islamic evangelist and preacher Zakir Naik showed the inability to go to the Indian embassy in Malaysia for authentication of his credentials for vakalatnama, the UAPA tribunal said, "He is bound to file a vakalatnama in proper format with proper authentication or he may remain physically present on the next date of hearing."
The Supreme Court has quashed the Kerala High Court order which discharged an accused, arrested for his alleged Maoist links, for the purported offences including sedition and under the provisions of the anti-terror law, the Unlawful Activities (Prevention) Act, in three cases.
Arguing his bail plea in the riots conspiracy case before additional sessions Judge Amitabh Rawat, his lawyer referred to the supplementary charge sheet filed in the case and said that the police wished to paint every accused with the same brush while adding tadka (flavour) to it.
The go-ahead given to prosecute Arundhati Roy would be seen by supporters of freedom of speech as an announcement that the Right-Wing doesn't feel humbled by the results of the elections, argues Shyam G Menon.
'The strategy of frontal organisations of the Maoists is to create unrest and ensure that such unrest leads to a law and order problem.' 'To cover such acts it was necessary to bring in a different definition of unlawful activities which is different from the definition of unlawful activities in the UAPA.'
India's Minister of State for Home, Nityanand Rai, has announced a 71% decrease in terrorist incidents in the country under the Modi government. He credits a "zero tolerance" policy towards terrorism, which has resulted in no terror incidents in the hinterland. Rai also highlighted the National Investigative Agency's (NIA) successes, including the investigation of cases on foreign land and a conviction rate of 95.54%.
Labelling the NIA as a 'mere political tool' of the BJP government at the Centre, Gogoi said the judgment will be a landmark for those arrested through the misuse of the two anti-terror laws.
"I don't want Z category security. I want to be an A-category citizen, at par with you all. Why was UAPA not invoked against those who fired at me? ...I want to live, to speak. My life will be safe when the poor are safe. I will not get scared of those who shot at my car," he said in Parliament.
Assam Chief Minister Himanta Biswa Sarma has said that Pakistani national Ali Tauqeer Sheikh, allegedly linked to Congress MP Gaurav Gogoi's British wife, has visited India 18 times. Sarma, while speaking in the state assembly, claimed that the initial information in the case is "very fatal" for the Congress and will have a "huge impact" on the politics of Assam. He also stated that the investigation findings will put some people in an indefensible position.
Tahawwur Hussain Rana, a key accused in the 26/11 Mumbai terror attacks, was brought to India on Thursday after being "successfully extradited " from the US, the National Investigation Agency (NIA) said. The 64-year-old Canadian citizen of Pakistani origin landed in Delhi in a special plane on Thursday evening, ending days of speculation of when and how he will be extradited, officials said. The NIA said in a statement that it had secured the successful extradition after years of sustained and concerted efforts to bring to justice the key conspirator behind the 2008 mayhem that claimed 166 lives. Rana is accused of conspiring with David Coleman Headley alias Daood Gilani, and operatives of designated terrorist organisations Lashkar-e-Taiba (LeT) and Harkat-ul-Jihadi Islami (HUJI) along with other Pakistan-based co-conspirators, to carry out the the three-day terror siege of India's financial capital.
'Many of them are mutilated beyond recognition. Every day an encounter takes place.' 'Bastar has been burnt to ash.'
Former Jawaharlal Nehru University student and activist Umar Khalid has completed four years in jail after being arrested in connection with the 2020 northeast Delhi communal riots.
The Supreme Court of India has granted interim bail to Tahir Hussain, a former councillor accused in the 2020 Delhi riots. Justice Ahsanuddin Amanullah, while granting bail, said the allegations against Hussain were grave but as of now they were just allegations. The bench, however, delivered a split verdict, with Justice Pankaj Mithal opposing the bail. The court also questioned the Delhi Police for the delay in the trial over the murder of Intelligence Bureau staffer Ankit Sharma during the riots.
Khalid has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).
The prosecution has proved the entire chain that connected the accused with each other for achieving the goal of executing the bomb blast and perform terrorist acts, the written statement, filed by the intervenor for the victims, said.
