UAPA

Dead in Custody

Stan Swamy dead: NIA didn’t seek custody but kept him behind bars, opposed his plea https://indianexpress.com/article/india/father-stan-swamy-dead-elgar-parishad-case-nia-probe-7390722/ Founder of Bagaicha, a Ranchi-based organisation that works for advisasis and moolvasis, Swamy said he was targetted for protesting against the illegal detention of youngsters accused of being Maoists. October 22: Within a week of his arrest, when Swamy sought interim bail on the ground that he is susceptible to the Covid-19 infection given his age and comorbidities, including a heart condition and Parkinson’s disease, the NIA said the 83-year-old was taking “undue benefit” of the pandemic and that the pleading about his medical condition was “merely a ruse” to obtain interim relief. As ‘evidence’ of his alleged association with the CPI (Maoist), the NIA told the court there were emails exchanged between Swamy and the other co-accused Stan said he has never visited Bhima Koregaon and the documents claimed to have been found on his laptop were in a format which can be “easily manipulated and planted on an insecure digital device”. Even before his arrest, Swamy had questioned the authenticity of the documents when confronted with them, saying that they did not show details of the sender and receiver, and had no date or signature, and thus could be easily planted. The NIA claimed that in 2019, he had attended a meeting in Kolkata organised to protest against the arrest of human rights activists in the Elgar Parishad case.

Not Justice Delayed.. Injustice!!

Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links  https://www.livelaw.in/supreme-court/allegations-not-prima-facie-correct-long-pre-trial-custody-supreme-court-grants-bail-to-uapa-accused-in-case-over-pfi-links-278672 Yash Mittal 18 Dec 2024 

 https://www.thehindu.com/news/national/courts-should-not-hesitate-to-grant-bail-under-uapa-in-deserving-cases-supreme-court/article68522270.ece  https://timesofindia.indiatimes.com/india/bail-rule-jail-exception-even-in-special-law-like-uapa-supreme-court/articleshow/112504869.cms In an important ruling, Supreme Court Tuesday held that the conventional idea ‘bail is the rule, jail is an exception’ should be applicable not only to IPC offences but also to others for which special statutes like Unlawful Activities (Prevention) Act have been enacted if the conditions prescribed under that law are fulfilled.
While granting bail to a former constable of Bihar Police who was charged under the stringent UAPA because of his alleged association with the outlawed Islamist outfit Popular Front of India (PFI), a bench of Justices Abhay S Oka and Augustine George Masih emphasised that courts should not hesitate in granting bail in serious offences if a case is made out for bail.

Supreme Court cancels bail granted to 8 ‘PFI members’ in UAPA case https://indianexpress.com/article/india/pfi-nia-uapa-case-supreme-court-9345006/ May 24, 2024  Booked by the National Investigation Agency, the eight alleged members of the banned Popular Front of India were granted bail by the Madras High Court on October 19, 2023. 

Supreme Court Adjourns Hearing Citing Paucity Of Time

Supreme Court Adjourns Hearing Citing Paucity Of Time  https://www.livelaw.in/top-stories/supreme-court-umar-khalid-delhi-riots-larger-conspiracy-bail-239980 Sheryl  Sebastian 12 Oct 2023 Umar Khalid Bail : "Can Demonstrate In 20 Mins That There's No Case", Sibal Says; Supreme Court Adjourns Hearing Citing Paucity Of Time

On the last occasion, the bench, while deferring the hearing, granted leave and asked Senior Advocate Kapil Sibal to point out whether the ingredients of the offences under Chapters IV and VI of the UAPA could be discerned, with reference to the evidence on record. The court said that it would have to examine each document in order to assess whether the charges levelled against the terror accused were sustainable.

Such a fine distinction.. "need to be informed but not in writing"

NewsClick Case | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Not Applicable To UAPA: Delhi High Court https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-supreme-court-pankaj-bansal-uapa-grounds-of-arrest-newsclick-prabir-240075

directing ED to inform grounds of arrest in writing to the accused , cannot be said to be squarely applicable to a case arising under UAPA. Justice Tushar Rao Gedela held that under UAPA, the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of such grounds in written are not mandated under the enactment.

Thus, the ratio laid down by the Supreme Court in Pankaj Bansal (supra) while relying upon V. Senthil Balaji (supra) which was purely in relation to the provisions of PMLA cannot, by any stretch of imagination, be made applicable, mutatis mutandis, to the cases arising under UAPA,”

 

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