• UGI USER
  • May 16, 2024
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SC: AGENCIES MUST PROVIDE WRITTEN GROUNDS FOR UAPA ARRESTS

Why in the news?

  • The Supreme Court ruled that investigating agencies must provide written grounds for arrests under the Unlawful Activities (Prevention) Act (UAPA).
  • This decision underscores the importance of the right to life and personal liberty as fundamental rights.

About Section 43B of the Unlawful Activities (Prevention) Act, 1967 (UAPA):

  • Requires the arresting officer to inform the person of the grounds for arrest.
  • Mandates forwarding of arrested persons and seized articles to the nearest police station without unnecessary delay.
  • Directs the receiving authority to take necessary measures in accordance with the provisions of the Code.

Section 19(1) of The Prevention of Money Laundering Act (PMLA):

  • Allows arrest of a person found guilty under the Act.
  • Requires immediate communication of arrest grounds to the individual.
source:wordpress
About The Prevention of Money Laundering Act (PMLA):

  • The Prevention of Money Laundering Act (PMLA), 2002, enacted in January 2003.
  • Objectives include combating money laundering, prevention and control, confiscation of laundered property, and addressing related issues in India.
  • Provides punishment under sec.4.
  • Enforcement Directorate (ED) established in 1956, headquartered in New Delhi.
  • Responsible for enforcing FEMA and certain provisions of the PMLA.

 About Unlawful Activities (Prevention) Act, 1967 (UAPA):

  • Introduced in 1967 to restrict freedoms under Article 19(1) of the Constitution.
  • Became primary anti-terror law after repeals of TADA and POTA.
  • Punishes commission, funding, and support of unlawful activities and terrorist acts.
  • Allows designation of individuals and organisations as terrorists.
  • Extends to all Indian citizens and territories.