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Supreme Court to look into validity of UAPA next month -R Balaji

-The Telegraph

Bench says matter will be taken up along with similar pleas pending before SC

The Supreme Court will on October 18 take up a batch of petitions challenging the constitutional validity of the anti-terror law Unlawful Activities (Prevention) Act, 1967, which critics say is being increasingly used by parties in power against political opponents and journalists.

The bench of Chief Justice U.U. Lalit and Justices S. Ravindra Bhat and J.B. Pardiwala, before whom a petition filed by the Foundation of Media Professionals came up on Monday, said the matter would be taken up along with similar pleas pending before the top court.

The petition, filed through advocate Rahul Bhatia, says the UAPA’s provisions are “arbitrary and perverse, as they constitute a censure of all democratic expression”, and are being misused by governments “to target any and all forms of dissent”.

It says the UAPA “is a gross assault” on the fundamental right to equality, free speech and life and liberty as it gives the State “excessive and overwhelming powers… to act against associations and individuals” who criticise “the ruling party or majoritarian sentiments”.

It argues that “the entire scheme” of the law “is dictatorial” since the authority that decides an entity is terrorist also imposes the sanction and considers the appeal or chooses the appellate panel.

On November 11 last year, an apex court bench headed by then Chief Justice N.V. Ramana had issued a notice to the Centre and the Tripura government on a plea for urgent hearing, sought by advocate Prashant Bhushan, of two petitions challenging the UAPA. Little progress has been made since then.

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