In a significant ruling, the Supreme Court extended the Pankaj Bansal judgment to apply to cases under the Unlawful Activities (Prevention) Act. This means that any person arrested under UAPA or any other offence has a statutory right to be informed about the grounds of arrest in writing. The Court emphasized that this right is essential for the arrested person to consult their legal counsel and seek appropriate legal remedies. This ruling reaffirms the sanctity of the fundamental right to be informed of the grounds of arrest, as guaranteed by the Constitution of India.
Landmark SC Ruling: Expanding the Right to Know Arrest Grounds under UAPA
In a significant judgment, the Supreme Court has extended the Pankaj Bansal judgment to apply to cases under the Unlawful Activities (Prevention) Act (UAPA). This ruling strengthens the fundamental right of arrested individuals to be informed about the reasons for their detention.
Background
The UAPA, enacted in 1967, is a stringent anti-terrorism law that authorizes the authorities to arrest and detain individuals suspected of involvement in terrorist activities. However, concerns have been raised about the abuse of this law and the lack of due process protections for those arrested.
The Pankaj Bansal judgment, delivered in 2018, held that it is a fundamental right of every arrested person under Article 22(1) of the Indian Constitution to be promptly informed about the grounds of their arrest. This right includes providing a copy of the arrest memo or other documents that contain the reasons for the detention.
Supreme Court Ruling
The recent Supreme Court ruling extends the Pankaj Bansal judgment to cases under UAPA. This means that any person arrested under UAPA now has a statutory right to be informed about the grounds of their arrest in writing.
The Court emphasized that this right is essential for the arrested person to consult their legal counsel and seek appropriate legal remedies. It also noted that the lack of clarity about the reasons for arrest can lead to prolonged detention and psychological harm to the accused.
Top 5 FAQs and Answers
1. What is the significance of the Supreme Court ruling?
It strengthens the fundamental right of arrested individuals under UAPA to be informed about the grounds of their arrest, ensuring due process and legal recourse.
2. How does the ruling impact arrests under UAPA?
It mandates the authorities to provide a written statement of the grounds of arrest to the accused, facilitating legal representation and access to remedies.
3. What is the legal basis for this right?
The right to be informed of the grounds of arrest is enshrined in Article 22(1) of the Indian Constitution, which guarantees the protection of personal liberty.
4. What happens if the authorities fail to provide the grounds of arrest?
The accused may file a writ petition in the High Court or Supreme Court challenging the legality of their detention.
5. What are the potential implications of the ruling?
It could lead to a decrease in arbitrary arrests and detentions under UAPA, as well as improved legal protection for accused individuals.
Conclusion
The Supreme Court ruling on UAPA is a major step forward in protecting the fundamental rights of arrested individuals. By extending the Pankaj Bansal judgment, the Court has ensured that anyone arrested under UAPA has a statutory right to know why they are being detained. This ruling will have significant implications for future cases and will help prevent the misuse of the Act.
The main and X accounts of renowned news agency Reuters have been blocked in India on social media platform X, as users discovered and reported on Saturday. The reason for this block is yet to be officially announced, but it appears to be a result of a legal demand or local laws. Despite the main handle being inaccessible, affiliated handles of Reuters remain accessible. It's unclear whether the block is temporary or permanent and if it's linked to a specific report or legal order against the platform. Stay informed with our latest blogs.
Amidst the ongoing controversy over the assault of a shopkeeper by MNS workers, Maharashtra Deputy Chief Minister Eknath Shinde caused a stir with his concluding speech at an event in Pune, where he raised the slogans "Jai Gujarat" and "Jai Maharashtra". While the opposition accused Shinde of being "greedy for power", CM Devendra Fadnavis defended him, stating that it was a customary practice to hail the state where an event is being held. The incident adds fuel to the ongoing debate on Marathi language and pride, ahead of the civic elections in Maharashtra.
At a recent political event, Indian Union minister Amit Shah addressed the crowd in Gujarati language, highlighting the importance of connecting with regional languages in India. Maharashtra politician Eknath Shinde also addressed the gathering, exclaiming "Jai Hind, Jai Maharashtra, Jai Gujarat." The event served as a platform for politicians to express their opinions and connect with their audiences in regional languages, showcasing the diverse cultural and linguistic landscape of the country.
In an effort to prevent the division of secular votes and counter communal forces, All India Majlis-e-Ittehadul Muslimeen (AIMIM) has expressed its willingness to join the Mahagathbandhan in Bihar ahead of the 2025 assembly elections. The party's letter to RJD chief Lalu Prasad Yadav highlights their intention and also mentions previous failed attempts. The party has also conveyed this to other senior leaders of RJD, including Tejashwi Yadav, with the hope to “contest the Bihar assembly elections together."
On the occasion of the 100th birth anniversary of revered Jain spiritual leader Acharya Vidyanand Ji Maharaj, Prime Minister Narendra Modi attended the inaugural ceremony of the year-long centenary celebrations. In his speech, PM Modi highlighted the eternal nature of Indian civilization and praised Acharya Vidyanand Ji Maharaj as a symbol of this timeless philosophy. The event served as a reminder of the rich spiritual and cultural heritage of India.
The Indian Prime Minister, currently on a five-nation tour, took to social media to pay homage to Swami Vivekananda on the revered monk's death anniversary. PM Modi highlighted Swami Vivekananda's enduring influence on Indian society and his emphasis on serving others and embracing India's rich heritage. Even after a century since his passing, Swami Vivekananda's teachings continue to inspire generations, promoting unity and compassion in a divided world.
In the midst of a controversial video surfacing showing a shopkeeper being assaulted for not speaking Marathi, Maharashtra Minister Yogesh Kadam spoke out in defense of the state's official language and condemned acts of vigilantism. The incident has sparked a larger debate over linguistic identity and regional pride in Maharashtra. While emphasizing the importance of cultural and linguistic respect, Kadam also denounced the manner in which the situation escalated and called for individuals to not take the law into their own hands. A police investigation is currently ongoing.
Karnataka, known for its thriving tech industry, is proposing a bill that aims to address the spread of fake news and misinformation online. However, free speech activists are raising concerns about potential censorship and selective enforcement. The bill has not yet defined what constitutes as "fake news" or "anti-feminist" content, raising fears of potential misuse. The state government has stated that the bill will be open for public opinion before implementation.
Pope Leo XIV took time out of his busy schedule to visit children at the Vatican's summer camp and share some inspirational words. He emphasized themes of diversity, acceptance, and building bridges of friendship. The pontiff also encouraged the children to be advocates for peace and to see everyone as equals.
At the Saryu Jayanti Mahotsav in Ayodhya, CM Yogi Adityanath announced a plan to revive rivers by preventing sewage, drain discharge, and animal waste. He stressed the importance of rivers for the environment and agriculture and highlighted the economic benefits of clean rivers for tourism and local economies. The CM urged all stakeholders to work together to ensure the success of this initiative, emphasizing the link between river health and the well-being of communities.