Unlawful Activities (Prevention) Act, 1967
(“UAPA”).
Signature Not Verified
Digitally signed by
Vishal Anand
Date: 2021.02.01
18:21:30 IST
Reason:
Page | 1
FACTS ... along with Section 16, 18, 18B, 19 and 20 of
the UAPA were also thus invoked against him. However, owing to him
being untraceable
fabricated charges under various provisions of the
Unlawful Activities (Prevention) Act, 1967 (“UAPA”) and under
the Indian Penal Code .
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4. According to the petitioners ... UAPA are added on 17th May, 2018 against
the following individuals:
1) Surendra Gadling, R/o Nagpur
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2) Rona Wilson, R/o Delhi
Prevention) Amendment Act,
2004 , amending the Unlawful Activities (Prevention) Act, 1967
("UAPA" hereinafter). He submitted that insurgency and terrorism
are two sides ... same coin and after the 2004 amendment, the
UAPA exhaustively deals with the offence of terrorism and the
meaning of the term insurgency as contained
amended by the Unlawful
Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA”) –
See Section 43-D(2). However, this Order was challenged ... Code
of Criminal Procedure, 1973 and some of the provisions of the UAPA
and NIA Act, then arrived at the following conclusion:
“A joint interpretation
suggesting amendments to the Unlawful Activities (Prevention)
Act, 1967 (for short ‘the UAPA’) to achieve the purpose of AFSPA. However,
the Cabinet Committee on Security ... objective. Though these organizations have been declared as unlawful
organizations under the UAPA, the ordinary criminal laws are insufficient
to deal with insurgency problems which
Arms
Act and under Section 18 of the UAPA Act, 1967.
The appellant was arrested on 08.03.2017 and on
03.06.2017, learned Court of Chief Judicial ... filed charge sheet on
04.09.2017 under the aforesaid provisions, except under
the UAPA Act as it was mandatory to obtain prosecution
sanction from the State
Unlawful
Activities (Prevention) Act, 1967 ('UAPA', for short) were
subsequently added to the subject FIR. At the time of his arrest ... separate Annexure to this judgment for ease of reference.
Genesis of UAPA
7. The genesis of The Unlawful Activities (Prevention) Act 1967 lies
Unlawful
Activities (Prevention) Act, 1967 [hereinafter referred to as UAPA Act ]
to the instant case.
During the pendency of the petition, Mr. Bikash Ranjan
Bhattacharyya ... Code of
Criminal Procedure in terms of Section 43D(2) of UAPA Act and order
dated 28.6.2017 denying statutory bail to the petitioners herein. Such
UAPA”
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“ ES Act ”
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“ATS”
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A Police Inspector in ATS, Nanded Unit, Nanded, Maharashtra
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Criminal Appeal ... Sections 13 , 16 , 18 , 18-B , 20 , 38 and 39 of the UAPA and
Sections 4 , 5 and 6 of the ES Act before
Unlawful Activities
(Prevention) Act, 1967 (UAPA) and section 4 , 5 and 6 of the
Explosives Substances Act, 1908 (the Explosives Act ). Initially, the
accused ... Code and
section 13 , 16 , 18 , 18B , 20 , 38 and 39 of UAPA and section 4 , 5
and 6 of the Explosives