UAPA’s Legal Safeguards
Context: A special NIA court in Jammu granted default bail to two individuals, Shafat Wani and Yasir Hayat, accused of financing the Lashkar-e-Taiba offshoot, The Resistance Front (TRF), which initially claimed responsibility for the April 2022 terror attack in Pahalgam before retracting it.
What is the purpose of the Unlawful Activities (Prevention) Act (UAPA)?
UAPA is India’s primary anti-terrorism law. Its core purpose is to provide authorities with a robust legal framework to effectively prevent and combat activities that threaten the sovereignty, unity, and integrity of India. Key provisions and their purpose include:
- Designation of Terrorist Organisations and Individuals: The UAPA allows the central government to officially declare an organisation and individuals (2019 amendment) as terrorists. More than 50 individuals like Maulana Masood Azhar have been designated as terrorists so far.
- Criminalisation of Terrorist Acts: The Act defines a “terrorist act” broadly and prescribes severe punishments, including life imprisonment and the death penalty.
- Enhanced Investigation Powers: The UAPA contains provisions that modify standard criminal procedure to aid complex terrorism investigations, such as extended periods of police custody and longer deadlines for filing chargesheets.
What powers and responsibilities does the National Investigation Agency (NIA) have under UAPA?
The National Investigation Agency (NIA) is a federal agency established under the NIA Act, 2008, to investigate and prosecute offences affecting the sovereignty, security, and integrity of India. The UAPA is one of the key statutes under its purview.
- Pan-India Jurisdiction: The NIA has the power to take up investigations of scheduled offences, including those under UAPA, anywhere in India without needing special permission from state governments.
- Power to Investigate Terror Financing: A critical mandate of the NIA is to investigate and prosecute cases related to terror financing, which is a cornerstone of sustaining terrorist activities.
- Filing Chargesheets: The NIA is responsible for conducting a thorough investigation and filing a comprehensive chargesheet (challan) before the court within the stipulated time frame to commence the trial.
Actual Working
NIA achieved a 100% conviction rate in completed trials in 2024, targeting Left Wing Extremism (LWE), Northeast insurgency, and terrorism. However, the conviction rate under UAPA remains low, around 18-28%. ~90% of cases under UAPA are still pending trial.
What are the key safeguards and checks to ensure fairness in investigation and prosecution under UAPA?
While the UAPA grants extensive powers, it also incorporates judicial safeguards to prevent arbitrary use and protect fundamental rights, as highlighted starkly in this case.
- Time-Bound Investigation and Default Bail (Section 43D): The general law (CrPC) allows 60-90 days for filing a chargesheet before an accused becomes eligible for default bail. UAPA extends this period to 90 days (and up to 180 days only if the court is satisfied by a specific report from the Public Prosecutor). If the agency fails to file the chargesheet within this period, the accused gains an “indefeasible statutory right” to default bail.
- Judicial Scrutiny of Detention Extensions: To get an extension beyond 90 days (up to 180), the prosecution must provide a detailed report to the court showing the progress of the investigation and providing specific, compelling reasons for needing more time. The court must apply its mind and cannot grant extensions mechanically.
- Sanction for Prosecution (Section 45): No court can take cognisance of an offence under UAPA without the prior sanction of the central or state government. This is intended to be a check against frivolous or malicious prosecutions.
- Review Committees: For orders related to the seizure of property or the banning of organisations, the Act provides for the constitution of review committees to examine the legality and propriety of such orders.
