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Unlawful Activities (Prevention) Act: Tripura

Unlawful Activities (Prevention) Act:

 

The Supreme Court has pulled up the Tripura Police and the government for repeated notices under UAPA sent to journalists, activists, and people who tweeted the articles on alleged violence in the state.

  • Towards the end of October 2021, a mosque, some shops and houses belonging to the minority Muslim community in Tripura were allegedly vandalised.
  • The communal violence was purportedly triggered by anti-Hindu violence in neighbouring Bangladesh.
  • Unlawful Activities (Prevention) Act Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
  • The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
  • It has death penalty and life imprisonment as highest punishments.
  • Under UAPA, both Indian and foreign nationals can be charged.
  • It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
  • Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
  • The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
  • The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
  • It also included the provision of designating an individual as a terrorist.
  • In June 2021, delivering a judgment defining the contours of the otherwise “vague” Section 15 of the Unlawful Activities (Prevention) Act, 1967, (UAPA), the Delhi High Court laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act.

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