UAPA

State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA

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 »

Shoma Kanti Sen vs State Of Maharashtra 2024 INSC 269 – UAPA – Bail

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, …

Shoma Kanti Sen vs State Of Maharashtra 2024 INSC 269 – UAPA – Bail Read More »

Mazhar Khan vs NIA SLP(Crl) 14091 Of 2023 – S 43D(5) UAPA – Bail

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

Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail

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 …

Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail Read More »

Mazhar Khan vs NIA New Delhi – S 43D(5) UAPA – Bail

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.

State of NCT of Delhi vs Raj Kumar @ Lovepreet @ Lovely 2024 INSC 11 – S 43D(2)(b) UAPA

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(2)(b) – The extension for investigation could be granted up to a maximum period of 180 days for the following reasons: Completion of the investigation; Progress in the investigation was explained; and Specific reasons for detention beyond a period of 90 days – In this case, the …

State of NCT of Delhi vs Raj Kumar @ Lovepreet @ Lovely 2024 INSC 11 – S 43D(2)(b) UAPA Read More »