Theme: Unlawful Activities (Prevention) Act

Who are the authorities under the UAPA law?

Given below are the authorities under UAPA law-

Tribunal

The Central Government (when necessary) constitutes a tribunal known as the Unlawful Activities (Prevention) Tribunal, consisting of one person appointed by the government. The Tribunal has the power to decide whether there is enough reason for declaring an association unlawful.

 

Review Committee

The Central Government constitutes Review Committees, each of which is headed by a Chairperson who is/has been a High Court judge, and two other members.  A Review Committee has the power to denotify a person or organisation from being declared as terrorist.

Can you get bail for UAPA cases?

Yes, but the UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. The accused cannot get bail:

  • Unless the government’s lawyer has heard the bail application.
  • If the court thinks that there is a reasonable possibility that they actually committed the offence that they have been accused of.

If a UAPA offence is committed by a person who is not an Indian citizen, or a person who has entered India illegally, the court will not give bail. Such a person can get bail only in very exceptional circumstances and the court has to record the reasons for granting bail.

The Supreme Court has held that violation of the fundamental right to a speedy trial is a ground for the constitutional court to grant bail in UAPA cases.

If you want to know more about Bail, check out our explainer.