“SC: BAIL CANNOT BE WITHHELD AS PUNISHMENT, UPHOLDS INNOCENCE PRESUMPTION”

Why in the news?

The Supreme Court emphasised that bail cannot be withheld as a punishment, including in cases under the Unlawful Activities (Prevention) Act (UAPA).
The court rejected the National Investigation Agency’s (NIA) request to adjourn the matter, granting bail to Javed Gulam Nabi Shaikh.

source:scribd

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

Enacted in 1967 to impose reasonable restrictions on fundamental freedoms.
Primary anti-terror legislation post-repeal of TADA and POTA.
Defines “unlawful activity” and criteria for designating an “unlawful association.”
The 2004 Amendment brought terrorist activities under UAPA.
Applies to entire India, including crimes committed outside India.
Encompasses Indian citizens, government personnel, and individuals on Indian vessels.
Individuals can be designated as terrorists under the 2019 Amendment.

National Investigation Agency (NIA):

Role: Central Counter Terrorism Law Enforcement Agency of India
Parent Ministry: Union Ministry of Home Affairs
Establishment: Created after the 2008 Mumbai terror attacks.
Act: Established under the National Investigation Agency Act, 2008.
Headquarters: New Delhi, with 18 branch offices across India.
Jurisdiction: Empowered to handle terror-related crimes across states without special permission. Operates under a proclamation from the Ministry of Home Affairs.
Powers: DG empowered to seize/attach properties related to terrorism proceeds (UAPA amendment, 2019).

About Article 21 of the Indian Constitution:

Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
It ensures that no person shall be deprived of these rights except according to the procedure established by law, protecting individuals against arbitrary actions by the state.

Associated Article:

What's New