The Supreme Court has expressed serious concerns regarding cases and arrests under the Unlawful Activities (Prevention) Act (UAPA).
The apex court has directed chief justices of all High Courts to review pending UAPA cases and similar laws, particularly those where the accused must present evidence to prove their innocence.
A bench comprising Justices Sanjay Karol and N Kotishwar Singh instructed the State Legal Services Authorities to inform each under-trial about their right to legal representation, either through a lawyer of their choice or via legal aid.
The court emphasised that authorities must appoint lawyers promptly for those choosing legal aid, so that proceedings can start or continue without delay. It also directed legal services to inform individuals that they have the right to hire private counsel.
This, the court noted, would promote justice, accelerate trials, and help reduce the backlog of pending cases.
The directions came during hearings on a bail plea filed by the accused in the 2010 Gyaneshwari Express derailment in West Midnapore, West Bengal.
The incident, caused by Maoists tampering with railway tracks, claimed 148 lives and injured over 170 passengers. The Central Bureau of Investigation opposed the bail petition. In addition to the tragic loss of life, the government incurred nearly ₹25 crore in damages to public property.
The Supreme Court clarified that citizens have the constitutional right to dissent within the law. However, it emphasised that acts of violence causing innocent deaths are wholly unjustifiable.
Advocate on record Amit Dwivedi stated that UAPA is crucial for curbing terrorism. He added that the law grants the National Investigation Agency (NIA) significant powers. These powers include asset seizure and stringent bail provisions.
Recent incidents, including the 26/11 Mumbai attacks, the Pulwama attack, and the Lal Qila car blast, highlight the ongoing need for such laws.
Lawyer Geetanjali Kumari from Patiala House Court noted that the act helps police identify individuals involved in terrorist activities. She added that it also targets those who promote such activities.
UAPA Section 15 defines terrorist activities, prescribing a minimum sentence of five years and up to life imprisonment.
In cases involving fatalities, the law allows for the death penalty or life imprisonment. Attempting to threaten India’s integrity, security, or sovereignty, or targeting Indians domestically or abroad, falls under UAPA provisions.
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