What are the key provisions challenged by Umar Khalid in his plea against UAPA

The Supreme Court has issued a notice to the Centre on Umar Khalid's plea challenging various provisions of UAPA.
The key provisions challenged by Umar Khalid in his plea against the Unlawful Activities (Prevention) Act (UAPA) are as follows:
  • Section 15: This provision allows for the declaration of an individual as a terrorist if there are reasonable grounds to believe that they have committed or participated in acts of terrorism.
  • Section 43D(5): This provision denies bail to the accused unless the prosecution can prove that there are reasonable grounds to believe that the accusation against them is prima facie true.
  • Section 43D(2): This provision sets strict conditions for bail, including the requirement that the accused must prove their innocence, which goes against the principle of 'innocent until proven guilty'.
  • Section 2(f): This provision expands the definition of 'terrorist act' to include activities that pose a threat to the sovereignty, integrity, or security of India, which is considered vague and overbroad.
Umar Khalid argues that these provisions violate the principles of fundamental rights and natural justice, leading to potential abuse of power and denial of fair trial.
Answered a year ago
Mohit Preparing for Civil Services