Supreme Court Refuses To Hear Petitions Challenging 2019 UAPA Amendments, Says High Courts Must Decide First

The Supreme Court today (February 4) refused to entertain petitions challenging the 2019 Amendment to the Unlawful Activities (Prevention) Amendment Act and directed the High Courts to hear writ petitions challenging the amendments.The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas relating to the challenge to the UAPA Amendment Act 2019 and NIA provisions. In relation to the pleas challenging the UAPA Amendment 2019, clarified that "All High Courts to proceed with the Writ Petitions challenging the provisions of the UAPA" The CJI verbally clarified further that the order copy will be uploaded by tomorrow. Supreme Court Cannot Be Court Of First Instance: CJI On UAPA Challenge At the outset of the hearings today, the CJI expressed that the pleas challenging the UAPA Amendment Act, 2019 required to be heard by the High Courts, as the Apex Court cannot become the court of first instance. He explained : "A lot of problems arise, sometimes issues are left by your side(petitioner), sometime by their side (Union), then we have to refer to a larger bench. Let it be first decided by High Court" Sr Advocate CU Singh, appearing for the petitioners(Amitambha Pande and others v Union of India), pointed out that the matter has been pending in the Supreme Court for over five years. He submitted that similar other issues are already being adjudicated by the Supreme Court. However, CJI reiterated that the matter has to be heard by the High Courts first.Singh then requested that the petitions be transferred to the High Courts, instead of disposing them. He urged that the petitions be allowed to be heard by the Delhi High Court."In our case, we are all retired eminent bureaucrats, we filed before the Supreme Court ....we would find it inconvenient to get representation before other High Courts" "Ok fine, we will allow it in Delhi (High Court)" CJI replied. In February 2024, the bench of Justice Bela Trivedi and Justice Pankaj Mithal allowed the withdrawal of certain other pleas challenging provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and granted liberty to move the High Court instead. BackgroundThe Unlawful Activities (Prevention) Amendment Act, 2019 was notified giving the Central Government power to designate an individual as a "terrorist". Notably amendment allows for notification of individuals as "terrorists" while under UAPA,1967, only organisations could be so notified.The petitioner, who claims to be a public-spirited person, says UAPA 2019 seeks to substantially modify Chapter VI of the Unlawful Activities (Prevention) Act, 1967 and Sections 35 and 36."The new Section 35 of the UAPA Act, 1967 empowers the Central Government to categorise any individual as "terrorist" and add the name of such a person in Schedule 4 of the Act. It is submitted that conferring of such discretionary, unfettered and unbound power upon the central government is the antithesis to Article 14 of the Constitution of India," Case Details : SAJAL AWASTHI Versus UNION OF INDIA W.P.(C) No. 1076/2019 and Connected Matters Click Here To Read/Download Order

Supreme Court Refuses To Hear Petitions Challenging 2019 UAPA Amendments, Says High Courts Must Decide First

Anmol Kaur Bawa

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