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JUDICIAL TRENDS OF BAIL UNDER UNLAWFUL ACTIVITIES PREVENTION ACT 1967
Authors
Maulshree Singh Gautam,Dr. Parishkar Shreshth
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Keywords
Unlawful Activities Prevention Act, Bail under UAPA, Interpretation of bail
Abstract
The Unlawful Activities (Prevention) Act (UAPA) has been a subject of contentious debate due to its impact on the principles of justice, particularly concerning bail proceedings. This paper critically examines select bail proceedings under the UAPA, highlighting instances where judicial interpretations have strayed from established legal principles. Through an analysis of cases such as Safoora Zargar's and Asif Iqbal Tanha's, the paper elucidates how the burden of proof has been shifted onto the accused, compromising the presumption of innocence. Furthermore, it explores the inherent ambiguities in UAPA provisions, such as Section 43D(5), which require courts to deny bail based on prima facie belief in the prosecution's case. The paper scrutinizes how vague terms like "conspiracy" and "unprecedented scale" have been used to establish prima facie cases, often circumventing factual scrutiny. Additionally, it discusses how courts have expanded the definition of "terrorism" under the UAPA, potentially encompassing acts of dissent within its ambit. Drawing from cases like Thwaha Fasal vs Union of India and Jyoti Jagtap vs National Investigative Agency, the paper underscores the need for judicial restraint and adherence to constitutional rights in UAPA proceedings. Finally, it delineates contrasting approaches by different high courts, indicating ongoing legal and constitutional battles surrounding the UAPA's application. Ultimately, the paper contends that every UAPA case serves as a pivotal battleground in the struggle against state impunity and underscores the significance of evolving legal precedents in safeguarding individual liberties within the UAPA framework.
IJCRT's Publication Details
Unique Identification Number - IJCRT2405255
Paper ID - 259341
Author type - Indian Author
Page Number(s) - c341-c352
Pubished in - Volume 12 | Issue 5 | May 2024
DOI (Digital Object Identifier) - http://doi.one/10.1729/Journal.39379
No Of Downloads - 21
Author Country - India, 226028, Lucknow, Lucknow, 226028, Others area
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
E-ISSN Number - 2320-2882
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Maulshree Singh Gautam,Dr. Parishkar Shreshth, "JUDICIAL TRENDS OF BAIL UNDER UNLAWFUL ACTIVITIES PREVENTION ACT 1967", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 5, pp.c341-c352, May 2024, Available at :http://www.ijcrt.org/papers/IJCRT2405255.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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