CED - Documentation & E Library
Data Information Knowledge and Solidarity of HRD

Human Rights Defenders Data Information Knowledge Solidarity

HRDs  must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues .  Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document  case law  as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State  have been using. This is a contributory effort..

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,”

 

  1. Huridocs documenting human rights formats
  2.  Supreme Court Pauses 'Bulldozer Actions'
  3. Bull Dozer in Nala Sopara
  4. PUCL Maharashtra objects to the Maharashtra Special Public Security Bill 2024;
  5. If naxaliam will be eradicated in two months whats the need for an anti-Urban Naxal bill
  6. 12k objections to Public Security Bill
  7. Supriya Sule slams Bill against urban Naxalism in Maharashtra
  8. Civil Society Objections to the Maharashtra Special Public Security Bill 2024
  9. Re-introduction of Public Security Bill in Maharashtra,

Subcategories

BAIL

For UAPA articles under

Rights in Custody

UAPA

BK16

Stan Swamy Amar Rahe

UAPA - Umar Khalid

UAPA - Newsclick

H R violations documentation

bulldozer

Public Security Bill Maharashtra

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