2) With reference to the Unlawful Activities (Prevention) Act (UAPA), 1967, consider the following statements:
- The UAPA was originally enacted to address unlawful activities threatening India’s sovereignty and territorial integrity.
- The 2004 amendment introduced provisions dealing with terrorist activities and terrorist organisations.
- The 2019 amendment empowered the Central Government to designate individuals as terrorists.
- Under the UAPA, an accused person has an absolute constitutional right to bail after completing 90 days in custody, irrespective of the stage of investigation.
Which of the statements given above are correct?
Correct Answer: (a) 1, 2 and 3 only
Explanation:
Statement 1 is correct: The UAPA was enacted in 1967 to address unlawful activities affecting India’s sovereignty and territorial integrity. Its original framework primarily concerned unlawful associations and activities rather than the comprehensive anti-terrorism provisions introduced later.
Statement 2 is correct: The UAPA (Amendment) Act, 2004 introduced substantial provisions relating to terrorist acts, terrorist organisations and associated offences, following the repeal of the Prevention of Terrorism Act, 2002.
Statement 3 is correct: The 2019 amendment empowered the Central Government to designate individuals, in addition to organisations, as terrorists under the statutory framework.
Statement 4 is incorrect: The UAPA contains special provisions allowing an extension of the investigation period up to 180 days in specified circumstances, subject to statutory safeguards and judicial authorisation. Therefore, an unconditional right to bail after 90 days does not exist in every UAPA case.
Additional Information:
- The Sixteenth Constitutional Amendment Act, 1963 introduced sovereignty and integrity of India as a ground for reasonable restrictions under Article 19.
- Section 15 of the UAPA defines a terrorist act.
- Section 43D(5) imposes stringent restrictions on bail for specified offences under Chapters IV and VI.
- In NIA v. Zahoor Ahmad Shah Watali (2019), the Supreme Court explained the limited scope of judicial examination of prosecution material at the statutory bail stage.
- In Union of India v. K.A. Najeeb (2021), the Supreme Court held that constitutional courts may grant bail where prolonged incarceration and trial delays violate Article 21, notwithstanding statutory restrictions.
- The National Investigation Agency was established under the NIA Act, 2008.