UAPA,1967; Section 45 – Unlawful Activities (Prevention) (Recommendation & Sanction of Prosecution) Rules, 2008; Rules 3 & 4-The validity of sanction should be challenged at the earliest instance available, before the Trial Court. If such a challenge is raised at an appellate stage it would be for the person raising the challenge to justify the …
Fuleshwar Gope vs Union Of India 2024 INSC 718- UAPA- Sanction Read More »
Constitution of India, 1950; Article 21- Speedy Trial – Howsoever serious a crime may be, an accused has a right to speedy trial as enshrined under the Constitution of India- If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to …
Unlawful Activities (Prevention) Act, 1967; Section 43D(5)- Bail – When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in …
Jalaluddin Khan vs Union Of India 2024 INSC 604 – UAPA – Bail Read More »
Unlawful Activities (Prevention) Act, 1957; Section 18– For the purpose of considering the offence under Section 18, the commission of terrorist act as contemplated in Section 15 of UAPA is not required to be made out. What Section 18 contemplates is that whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly …
Union of India vs Barakatullah 2024 INSC 452 -S 18 UAPA – Bail – CrPC Read More »
Constitution of India, 1950; Article 22(1) – Any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have …
National Investigation Agency Act, 2002; Section 22– State of West Bengal has so far not exercised the power conferred upon it by Section 22 of the NIA Act for constituting a Special Court for trial of offences set out in the Schedule to the NIA Act and hence, the Sessions Court within whose jurisdiction, the …
State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA Read More »
Unlawful Activities (Prevention) Act, 1967; Section 15 – Sub-section (1) of Section 15 refers to certain acts which would constitute a terrorist act but the first part of sub-section (1) of Section 15 cannot be read in isolation. In our reading of the said provision of the statute, to qualify for being a terrorist act, …
Unlawful Activities (Prevention) Act, 1967; Section 43D(5) – the Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – Referred to National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1
Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) -The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase – ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise – does not find any place while dealing with …
Unlawful Activities (Prevention) Act, 1967 ; Section 43D(5) – The Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1 – Dismissed bail plea of UAPA Accused.