Bombay High Court Dismisses Plea Challenging Constitutionality Of UAPA, Sedition Offence

The Bombay High Court on Thursday dismissed the petitions challenging the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA) and also of the section 124A (sedition) of the Indian Penal Code (IPC).

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while pronouncing their judgment today said, "The UAPA in its present form is constitutionally valid...Challenge fails."

A detailed copy of the judgment is yet to be made available. 

The judges were seized with a plea filed by one Anil Babura Baile, who was issued notice on July 10, 2020 by the National Investigation Agency (NIA) in connection with the Elgaar Parishad case. He argued that the provisions of the UAPA and section 124A are unconstitutional.

Appearing for Baile, advocate Prakash Ambedkar assisted by Hitendra Gandhi, claimed that the UAPA granted "unbridled power" to the executive to declare an organisation or an individual and their activity as unlawful without defining the same in the law.