In a significant judicial development, the Supreme Court of India, on Tuesday, authorized High Courts across the country to proceed with hearing challenges against the amendments to the Unlawful Activities (Prevention) Act (UAPA). The ruling came from a bench headed by Chief Justice of India, Sanjiv Khanna, alongside Justice PV Sanjay Kumar and Justice KV Viswanathan.
The apex court was addressing a batch of petitions that have been pending since 2019, which question the constitutionality of certain provisions within the UAPA, particularly following its 2019 amendment. These challenges had been on hold, awaiting direction from the top court regarding jurisdiction.
Chief Justice Khanna highlighted the practical challenges of handling such comprehensive and significant cases directly at the Supreme Court level, stating, “A lot of problems arise. Sometimes issues are left by your side and sometimes by the other side; then we have to refer to a larger bench and it becomes an issue. We will have it before the High Court.”
This statement came as part of the court’s decision to issue a clarifying order that High Courts should not hesitate to take up pending petitions concerning the UAPA amendments. This move is seen as an effort to decentralize the judicial process and utilize the High Courts’ capability to manage such important cases.
Among the petitions is one from Sajal Awasthi and the NGO, Association for Protection of Civil Rights, which challenges the validity of Sections 35 and 36 of the UAPA. These sections, as amended, allow the government to designate any individual as a terrorist, which the petitioners argue could impose a lifelong stigma and violate fundamental rights under Articles 14, 19, and 21 of the Constitution.
