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Tag: UAPA
Andrabi Judgment: Section 43D(5) UAPA cannot override right to speedy trial, restores primacy of Article 21 in UAPA cases
The judgment restores the constitutional framework laid down in KA Najeeb and cautions against treating anti-terror bail restrictions as a basis for indefinite pre-trial detention
CJP Team -
How Prisons Become Spaces of Quiet Erasure
The refusal to deliver a letter with posters to Gulshifa was not a surprise. Many who write to political prisoners have faced similar outcomes.
SC’s denial of bail to journalist Rupesh Singh once again showcases how the Court looks at bail under UAPA, with varying consistency
Journalist’s bail denied amid growing concerns over UAPA misuse and press freedom crackdown
Sanction to persecute Arundhati Roy under UAPA politically motivated: PUCL
Top human rights group, People’s Union for Civil Liberties, has demanded that the authorities should immediately withdraw the prosecution against top author Arundhati Roy and Dr Sheikh Showkat Hussain, a Kashmir academic, under the "unconstitutional" Unlawful Activities (Prevention) Act (UAPA), calling the Delhi Lieutenant-Governor nod for the Delhi police move "politically motivated".
Prabir Purkayastha Case: Mandate of providing grounds of arrest to PMLA/UAPA accused, some safeguards
CJP Team -
Through some recent judgements of Senthil Balaji, Pankaj Bansal and Prabir Purkayastha, the Supreme Court has cemented the crucial right of an accused to be provided with grounds of arrest in writing, a constitutional right under Article 22, the failure to do so, vitiates the arrest itself
Gautam Navlakha’s letter on release from custody
May 19, 2024I wish to thank the Supreme Court...
Asif Sultan, Kashmiri Journalist, gets bail in yet another UAPA case!
Even though the Court found no reason to doubt Sultan’s conduct as well as no chances of him fleeing justice, stringent restrictions on Sultan's communication methods and movements were imposed as bail conditions
Four years behind bars, Sharjeel Imam still waits for a fair trial
Serving as an under trial prisoner since 2020 and not convicted so far, Sharjeel Imam, taken into custody after the anti-CAA movements when activists associated with the movement were being arrested, has completed more than half of the maximum sentence that the cases against him suggest
India’s constitutional courts navigate challenges in upholding personal freedom over incarceration
CJP Team -
While some bail pleas were swiftly addressed, many languished. A retrospective of 2023: Did the courts adequately safeguard the dwindling right to liberty for India's citizens?
Stop treating journalists like terrorists, media unions tell government as the 17th Lok Sabha begins
Release jailed editors, drop criminal charges, stop muzzling media through draconian laws, and enact a law to protect journalists from persecution: NAJ, DUJ, KUJ and others; several unions of working journalists have appealed strongly for enactment of a law to protect media persons from false prosecutions and enactment of the Wage Board and establishment of a Media Commission of India
Punjab & Haryana HC: Duty of the court to be more onerous, bail cannot be denied just because serious allegations
The Court held that there was no prima facie case made out against accused under UAPA and Arms Act, granted relief of bail; allegations suggested that the accused was planning to commit some terrorist acts based on relations with Pakistan