Supreme Court's Reliance on UAPA in Denying Bail

The Supreme Court's decision to deny bail in relation to the 2020 Delhi riots highlights the expansive statutory definition of a "terrorist act" under the Unlawful Activities (Prevention) Act (UAPA). This decision centers on Section 15 of the UAPA, which defines terrorism in broad and non-specific terms, allowing for its application beyond traditional terrorism cases.

Expansive Definition of Terrorism Under UAPA

• Section 15 includes acts beyond explosives and firearms, extending to "any other means," criticized for its vagueness.
• Examples of its application include cases far from traditional terrorism, such as journalist arrests and student detentions for slogans.

Historical Evolution of UAPA

The UAPA's journey reflects an incremental and bipartisan tightening of national security laws:

• Initially enacted in 1967 to address unlawful activities threatening India's sovereignty, not terrorism.
• Rooted in the National Integration Council's recommendations to introduce restrictions on certain fundamental rights.

Significant Amendments to UAPA

2004 Amendment

• Introduced terrorism as a distinct legal category within the UAPA.
• Expanded definition to include acts with intent to threaten India's sovereignty, integrity, or security.

2008 Amendment

• Expanded the definition to include acts by "any other means." Criticized for criminalizing protests and dissent.
• Extended police and judicial custody periods, complicating bail processes.
• Shifted burden of proof to the accused, countering fundamental criminal law principles.

2012 Amendment

Further broadened the UAPA's scope by incorporating threats to economic security, defining it to include:

• Financial, food, livelihood, energy, ecological and environmental security.
• Counterfeit currency activities were classified as a terrorist act.

2019 Amendment

• Allowed designation of individuals as terrorists, previously applicable only to organizations.
• Empowered the NIA to seize properties without state consent and expanded investigative powers.