“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):
About Article 21 of the Indian Constitution:
Associated Article: https://universalinstitutions.com/unlawful-activities-prevention-act-uapa-1967/ |