Mumbai2 minutes ago
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The Bombay High Court on Thursday dismissed a petition challenging the constitutional validity of several provisions of the anti -terrorism law, illegal activities (prevention) Act (UAPA).
A bench of Justice AS Gadkari and Justice Neela Gokhale said that the act is constitutionally valid in its current form. Therefore, challenging its validity fails.
The petition was filed by Anil Baburao Belle in 2021. Belle was issued a notice by the NIA in the case related to the Elgar Parishad in 2020. Belle appealed against this in the High Court.
After the petition was dismissed, Baburao’s counsel told the media that we will see on which issues the Bombay High Court has dismissed the petition. We will go to the Supreme Court against it.
Claims made in the petition …
- The UAPA and now the suspended Indian Penal Code (IPC) section 124A associated with treason was also demanded to be declared unconstitutional and rightless.
- The Constitution cannot give the executive a decision to take decisions and declare an organization illegal anywhere. According to the Constitution, only the issues related to these three defense, foreign and national security can be banned.
- The amendment made in the UAPA to adopt any person supporting terrorism of 2001 of the United Nations Security Council, which was to criminalize terrorism, has made it easier for the government to declare an Indian citizen or organization as terrorist.
The Supreme Court had given the right to the High Court to take the decision
After receiving notice from the NIA, Belle moved to the Supreme Court to challenge the validity of UAPA. The Supreme Court in February 2025 directed the High Courts to hear the constitutionality of the UAPA amendments. Bombay HC gave a decision in the same direction.
