17th May 2024 (11 Topics)
1
May
2
May
3
May
4
May
6
May
7
May
8
May
9
May
10
May
11
May
13
May
14
May
15
May
16
May
17
May
18
May
20
May
21
May
22
May
23
May
24
May
25
May
27
May
28
May
29
May
30
May
31
May
Malign Motive
You must be logged in to get greater insights. click here to login
Context
The Supreme Court of India's decision to invalidate the arrest and remand of NewsClick founder highlights significant procedural lapses by the Delhi police, particularly the failure to provide written grounds for his arrest, and raises questions about the misuse of the Unlawful Activities (Prevention) Act (UAPA).
Police Misconduct and Due Process Violations
- Clandestine Custody Obtaining: The Supreme Court criticized the Delhi police's surreptitious actions in obtaining Purkayastha's custody before dawn, bypassing standard legal procedures.
- Deprivation of Legal Rights: The Court noted that the police intentionally kept Purkayastha's lawyer uninformed, denying him the chance to oppose the remand and seek bail, and instead used a ‘remand advocate’.
- Circumventing Legal Requirements: The Court condemned the police's blatant attempt to circumvent due process, emphasizing that the accused was not informed of the grounds of his arrest.
Principle Extension to UAPA
- Extension of Pankaj Bansal Principle: The judgment extends the principle from Pankaj Bansal (2023) to the UAPA, mandating that grounds for arrest be given in writing, interpreting constitutional provisions to apply this universally.
- Requirement for Written Grounds: The Court asserted that providing written grounds for arrest should be a standard procedure under UAPA and other offences.
- Adherence to Constitutional Provisions: The Court underscored that adherence to procedure is crucial, particularly for serious allegations under laws like the UAPA.
Outlandish Allegations and Legal Implications
- Allegations Against Purkayastha: The police charge sheet claims Mr. Purkayastha was funded by the Chinese government and involved in a conspiracy to replace Indian democracy with a party-state system like China's.
- Support for Riots and Terrorism: The charge sheet alleges his involvement in fomenting riots and protests in India and funding terrorists, despite the far-fetched nature of these claims.
- Importance of Procedural Adherence: Given the severe allegations, the Court's insistence on procedural adherence, especially the need to provide grounds of arrest, is particularly significant for ensuring fair legal processes.
Mains Question:
Discuss the implications of the Supreme Court of India's recent judgment on procedural adherence in arrests under the UAPA. How does this judgment enhance the protection of individual rights against misuse of anti-terrorism laws?
More Articles
Courses
Study
Notes
Home
Resources
More
