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Informist, Monday, Nov. 4, 2024

 

NEW DELHI - The Supreme Court on Monday asked the Centre to give a list of cases within three weeks, where the 2019 amendments to The Unlawful Activities (Prevention) Act, 1967 was pending before different high courts. In 2019, the government notified certified amendments to the 1967 Act that allowed them to designate individuals as terrorists, seize their properties and put a travel ban on them. 

 

"The Union of India will file a list of cases in which a similar issue is pending before high courts within three weeks," said the Bench of Justice Sanjiv Khanna and Justice Sanjay Kumar. The top court was hearing petitions by a Delhi resident Sajal Awasthi, Association for Protection of Civil Rights and other parties challenging the 2019 amendments made by the government. The petitioners had sought the top court to declare the amendments as "unconstitutional" and "void" as they violate the fundamental rights of individuals.

 

The petitioners had said the amendments violated the fundamental rights of the citizens, their reputation and dignity guaranteed under Article 21 of the Indian Constitution. Section 35 of the Act does not mention when a person can be designated as terrorist, said the petitioners. "A person is never informed of the grounds of his notification, so the remedy of challenging his notification under Section 36, as provided for in the Act, is rendered practically otiose," the petitioner added.

 

The petitioners said that the amendments violate Article 14 of the Constitution as much as it is manifestly arbitrary and gives unbridled powers to the Centre. It is a blanket power with no specified guidelines, said the petitioner. "There is no requirement of furnishing to the person, designated as a terrorist, the grounds of his designation, which renders the entire process of challenging the notification nugatory. There is no judicial determination or adjudication," the petitioners added.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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