‘UAPA in its present form is constitutionally valid': Bombay HC dismisses challenge to validity of law
The high court passed the judgement on the 2021 plea by Anil Baburao Baile, who was issued notice in 2020 in connection with the Elgaar Parishad case. Through advocates Prakash Ambedkar, Nikhil Kamble and Hitendra Gandhi, Baile sought a declaration that the UAPA and Section 124A of the Indian Penal Code (IPC) be declared as ultra vires and unconstitutional.
In his plea, Baile also sought the setting aside of the July 10, 2020, notice issued to him by the National Investigation Agency (NIA).
'The UAPA in its present form is constitutionally valid, therefore, the challenge to its vires fails, and the petition is dismissed,' a bench of Justices Ajey S Gadkari and Neela K Gokhale pronounced.
'Mr Ambedkar, you made us think (while deciding this plea),' Justice Gadkari orally remarked.
In his plea, Baile also claimed that the UAPA granted 'unbridled power' to the executive to declare an organisation or an individual and their activity unlawful without defining the same in the law. He added that the amendment made in the UAPA to adopt the United Nations Security Council's 2001 resolution, which was for criminalising any person supporting international terrorism, made it possible for the government to declare an Indian citizen or an organisation as a terrorist.
'Nowhere does the Constitution authorise a blanket power to the executive in deciding and
Parliament cannot be granted blanket power to declare an organisation as unlawful,' the plea argued.
The Central government and NIA opposed the plea, and submitted that various pleas were pending before the high court and the Supreme Court, taking exception to the validity of the UAPA. They also referred to the pending challenge to the constitutional validity of the sedition law under Section 124A of the IPC before the Supreme Court.
The detailed verdict will be made available in due course.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
First Post
21 minutes ago
- First Post
Police shocked as 'Neha' of Bhopal turns out to be Abdul from Bangladesh: Report
Abdul Kalam entered India at age 10 and spent two decades in Mumbai before moving to Bhopal's Budhwara area. There, he reportedly established his fake identity as 'Neha', a transgender person read more Bhopal Police have uncovered a potential illegal immigration and identity fraud scheme after detaining Abdul Kalam, a Bangladeshi national who lived in the city for eight years under the false identity of Neha, a transgender woman. Kalam entered India at age 10 and spent two decades in Mumbai before moving to Bhopal's Budhwara area. He then allegedly faked his identity as a transgender person and integrated into the local hijra community, according to a NDTV report. STORY CONTINUES BELOW THIS AD Using forged documents obtained through local agents, he secured an Aadhaar card, ration card, and even an Indian passport. Police say Kalam, known locally as 'Neha,' frequently changed residences within Budhwara and used his fake identity to travel abroad on the forged passport. Authorities verifying gender Authorities are now medically verifying his gender to determine if he is biologically transgender or used the identity to avoid detection. Investigations suggest Kalam was involved in transgender community activities in Maharashtra, raising suspicions of a broader network. Police are questioning whether other community members knowingly or unknowingly supported the deception. Two local youths accused of helping Kalam obtain fake documents are under interrogation, and authorities suspect this case may reveal a larger racket involving illegal immigration and document forgery. Call records and chats from Kalam's phone are being examined for further clues. Deportation proceedings begin Kalam has been detained for 30 days under the Foreigners Act. Additional DCP Shalini Dixit told reporters, 'He has been living in Bhopal for the last 8-10 years. Before that, he was in Maharashtra. We received a tip-off through an informer and initiated the identification process. He has also travelled to Bangladesh in the meantime, and we are awaiting reports from concerned departments.' Deportation proceedings have begun, but not before a thorough probe into Kalam's activities, movements, and connections in India and abroad. The case has alarmed law enforcement, raising serious questions about national security and how a foreign national could live undetected in a major Indian city for years using fraudulent documents. Bhopal Police, alongside central agencies, are working urgently to determine the full scope of the fraud and whether this is an isolated case or part of a larger, more concerning network. STORY CONTINUES BELOW THIS AD
Indian Express
21 minutes ago
- Indian Express
NCP's Tatkare says discussions held with BJP over possible merger
Amid speculation over a possible merger of the Ajit Pawar-led Nationalist Congress Party (NCP) with the Bharatiya Janata Party (BJP), NCP's Maharashtra unit chief Sunil Tatkare on Friday clarified that there are no such discussions underway. However, he added that if any such move is considered in the future, it will be taken only after consulting the BJP's central leadership. Tatkare was speaking at a party workers' meeting during his organisational tour of Marathwada. 'The BJP leadership has accepted us with due thought. If any decision on merger ever has to be taken, BJP's top leadership will certainly be taken into confidence,' he said. Tatkare also remarked that the party's current experience within the National Democratic Alliance (NDA) has been 'more harmonious' compared to earlier alliances. Reflecting on the NCP's past, he noted that even in 1999, despite contesting against the Congress, the party chose not to align with the BJP, then led by Atal Bihari Vajpayee. 'Today, however, we have passed a resolution to remain with the NDA,' he said. On preparations for upcoming local body elections, Tatkare said the party is receiving encouraging responses from its ongoing tours in North Maharashtra and Marathwada. Referring to possible seat-sharing scenarios, he said, 'In some places, we may consider contesting outside the Mahayuti alliance. A final call will be taken after district-wise reviews in coordination committee meetings.' Responding to questions on the Public Security Act—recently backed by the NCP in the legislature—despite opposition from party founder Sharad Pawar, Tatkare said support for the Act does not indicate a rejection of Pawar's ideology. 'We are in the government, and the Bill has been thoroughly read and understood. The support is based on that. But that does not mean we are going against Pawar saheb's thinking,' he said. Among those present at the meeting were district president Satish Chavan, Maharashtra Women's Commission chairperson Rupali Patil Chakankar, and MLA Vikram Kale.
Indian Express
21 minutes ago
- Indian Express
India-EU FTA talks: Why resolving differences in services is a significant step forward
In the 12th round of negotiations that concluded earlier this month, India and the European Union managed to close the digital trade chapter 'in principle' and made substantial progress on the text dealing with 'services and investment', marking a significant step forward in concluding the Free Trade Agreement (FTA) that both sides aim to sign by the end of this year. The digital trade chapter of the FTA discussions covers crucial segments such as cross-border data flows, where trade partners decide on commitments to regulate movement of data across borders, which is important for e-commerce and global services. To be sure, the textual positions taken by both sides have not yet been made public. However, bridging the regulatory gap in services between India and the EU would open the door for the Indian services sector to integrate more deeply, scale up, and attract greater investment. This is important since the EU is the largest investor globally, and services represent over 70 per cent of the EU's foreign direct investment (FDI) abroad. According to a 2021 European Parliament report, the EU aimed to remove all 'discriminatory and disproportionate obstacles to establishment in both the services sector, as well as to the supply of cross-border services, in order to ensure a level playing field between EU and Indian service providers'. India has a fast growing IT and financial service sectors that has acted as a cushion for the economy as goods trade remained modest compared to the size of the economy. Regulations on cross-border data flows are among the most contentious topics in trade agreements with the Western countries, especially with the rise of artificial intelligence (AI). Effective AI systems — seen as the cornerstone of the Fourth Industrial Revolution — require diverse datasets from multiple countries. This has sparked a fierce race for data among Silicon Valley firms. India has traditionally resisted altering its stance on data localisation under any plurilateral agreements at the World Trade Organization (WTO) to preserve policy space. It has also tightened norms, notably in April 2018, when the Reserve Bank of India (RBI) made it mandatory for payment system providers such as Mastercard and Visa to store payment data of Indian residents within the country. A 2018 UNCTAD report, Power, Platforms, and the Free Trade Delusion, highlighted the importance of data for innovation. It noted that control over data creates 'market power and barriers to entry for new players'. The UN Conference on Trade and Development (UNCTAD) also highlighted the potential benefits of data localisation, including encouragement to foreign investment in domestic digital infrastructure, enabling enforcement of national laws, as well as safeguarding privacy and cyber sovereignty. Countries such as Vietnam and the Philippines have implemented such measures to promote local capabilities and protect infant industries. The EU status report on the trade talks also stated that negotiators made substantial progress on the investment text. The negotiators had made very good progress on rules for state-to-state mediation, it added. Movement on dispute settlement is significant since it suggests a breakthrough on long-standing EU concerns regarding investment protection in India. A European Parliament report had previously expressed regret that 'uncertainties remain for EU investors, notably as a result of India's decision to unilaterally terminate all its bilateral investment treaties (BITs) in 2016'. However, India has since begun to address the issue by negotiating new investment treaties under a revised framework. While India has shown flexibility in its position, favouring resolution of investor-state disputes under domestic laws, the EU has stated that an investment protection agreement could serve as an 'adequate stepping stone for further strengthening bilateral trade relations,' as it encourages negotiators to work towards establishing a multilateral investment court. Ravi Dutta Mishra is a Principal Correspondent with The Indian Express, covering policy issues related to trade, commerce, and banking. He has over five years of experience and has previously worked with Mint, CNBC-TV18, and other news outlets. ... Read More
