“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:

https://universalinstitutions.com/unlawful-activities-prevention-act-uapa-1967/