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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

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6 years ago

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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

The Supreme Court today – Friday, Sep 6 – issued notice to Centre, seeking its reply on the amendments to anti-terror law Unlawful Activities Prevention Act that empower the government to designate any individual as terrorist.

The Supreme Court bench of Chief Justice of India Ranjan Gogoi and Justice Ashok Bhushan issued the notice on petitions filed by Sajal Awasthi and NGO Association for Protection of Civil Rights (APCR) which said the amended law allowed the government to freely encroach upon the fundamental rights of dignity, free speech, dissent and reputation.

The petitions said the UAPA Amendment Act of 2019, passed by the Parliament, conferred the Centre with “discretionary, unfettered and unbound powers” to categorise a person as a terrorist – powers which could be misused even to curb dissent.

The UAPA Amendment Bill was passed in the Lok Sabha on July 24 and in the Rajya Sabha on August 2 amid criticism by the opposition parties and civil liberties lawyers. The Bill empowers the government to declare individuals as terrorists as well as to seize their properties and impose a travel ban on them. The Bill received President Ram Nath Kovind’s assent on August 9.

Before this amendment, in line with the legal presumption of an individual is innocent until proven guilty, an individual who was convicted in a terror case was legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused. The amended law does not clarify the standard of proof required to establish that an individual is involved or is likely to be involved in terrorist activities.

It also does not require the filing of cases or arresting individuals while designating them as terrorists.

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Home Minister Amit Shah while discussing the Bill in the Rajya Sabha had said, “A four-level scrutiny has been provided in the amendment and no human rights will be violated.” He also said that declaring individuals as terrorists is required as they float different organisations once an institution is banned. He ignored the questions about why this should be done arbitrarily.

The law could now be used by the government to bring disrepute on a person, and even worse, rob him or her liberty. The heavy burden to prove the entire government machinery wrong would lie on the person.

The petitions challenge the validity of Sections 35 and 36 of the UAPA, as amended by the UAPA Amendment Act, 2019. “The new Section 35 of the UAPA Act, 1967 empowers the Central government to categorise any individual as ‘terrorist’ and add name of such a person in Schedule 4 of the Act,” said Awasthi.

The petitioner NGO contends that such labelling will lead to a lifelong stigma. It would also be against the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.

“The amendment infringes upon the right to reputation and dignity which is a fundamental right under Article 21, without substantive and procedural due process. Notifying an individual as a terrorist without giving him an opportunity of being heard violates the individual’s right to reputation and dignity which is a facet of Right to life and personal liberty under Article 21 of the Constitution,” the petition states.

Awasthi’s petition says that the UAPA amendment is contrary to the Rights guaranteed under Part III of the Constitution of India. It states: “It is well-settled and established position of law that dignity and liberty of an individual is inalienable under the regime of our controlled constitution and that the State is under an obligation to preserve the same. Though there have been certain instances wherein the State has adopted a contrary approach to the above-stated fact and it is pertinent to note here that the Unlawful Activities (Prevention) Amendment Act, 2019 is an example of such an encroachment upon the Fundamental Rights.”

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The petitions object to labelling an individual as a terrorist without granting him a hearing and following due process. Further, the plea goes on to submit that conferring of such “discretionary, unfettered and unbound” powers upon the Government, so as to notify an individual as a terrorist, is also against the right to equality as enshrined in the Constitution under Article 14.

If an individual is labelled a terrorist even before the commencement of the trial or application of judicial mind, it would be violative of the requirement of following a procedure established by law, Awasthi’s plea adds. It would also be violative of an individual’s right to reputation. Further, this lack of opportunity of hearing, according to the petitioner, will have a direct and adverse effect on the Right to Freedom of Speech under Article 19(1)(a) of the Constitution of India.

Threatens right to dissent

It is also the petitioner’s case that the amendment seeks to curtail this right to dissent under the garb of curtailing terrorism. “The right of dissent is a part and parcel of fundamental right to free speech and expression and therefore, cannot be abridged in any circumstances except for mentioned in Article 19 (2). The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society,” it said.

“The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society. India is a democracy and every citizen of India has a fundamental right to dissent but presence of draconian law and provisions as contained in Section 35 and 36 of the UAPA, 2019 directly encroach upon the same.”

 Right to reputation

The petition said the right to reputation was an intrinsic part of fundamental right to life with dignity under Article 21 of the Constitution and tagging an individual as “terrorist” even before the commencement of trial or any application of judicial mind over it, did not amount to following the ‘procedure established by law’.

Instead of preserving the dignity of an individual, the government sought to encroach upon it, the petition said.

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RBI cuts repo rate to 5.25%, paving the way for cheaper loans

The RBI has cut the repo rate to 5.25%, aiming to support growth as inflation softens. The central bank also raised GDP projections and announced liquidity-boosting measures.

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4 hours ago

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December 5, 2025

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Reserve Bank of India

The Reserve Bank of India (RBI) reduced the key repo rate by 25 basis points to 5.25% on Thursday, signalling relief for borrowers as banks are expected to offer lower EMIs on home and vehicle loans. Governor Sanjay Malhotra announced the move after the conclusion of the three-day Monetary Policy Committee (MPC) meeting.

RBI prioritises growth as inflation eases

Malhotra said the decision was unanimous, with the central bank choosing to focus on supporting economic momentum despite concerns over a weak rupee. The repo rate was earlier cut in June from 6% to 5.5% amid easing inflation trends.

The RBI now projects Consumer Price Index (CPI) inflation at 2% for FY2025-26, significantly softer than earlier estimates. For the first quarter of FY2026-27, inflation is expected at 3.9%, lower than the previous projection. The governor noted that rising precious metal prices may contribute to the headline CPI, but overall risks to inflation remain balanced.

GDP outlook strengthened

In a strong upward revision, the central bank increased the GDP forecast for the current financial year to 7.3%, previously estimated at 6.8%. Growth for the October–December quarter has also been revised to 6.7%.

The last quarter registered a six-quarter high expansion of 8.2%, reflecting resilient demand and steady credit flow.

“The growth-inflation balance continues to offer policy space,” Malhotra said, reiterating that the RBI’s stance remains neutral.

Other key decisions

Alongside the repo rate cut, the RBI announced adjustments to key policy corridors:

  • Standing Deposit Facility (SDF): 5%
  • Marginal Standing Facility (MSF): 5.5%

To improve liquidity and strengthen monetary transmission, the RBI will conduct forex swaps and purchase ₹1 lakh crore worth of government bonds through Open Market Operations (OMO).

RBI reviews a challenging year

Reflecting on 2025, Malhotra said the year delivered strong growth and moderate inflation even as global trade and geopolitical uncertainties persisted. He added that bank credit and retail lending remained healthy, providing support to the economy.

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IndiGo flight chaos deepens as over 500 services cancelled, passengers stranded for hours

Over 500 IndiGo flights were cancelled nationwide, leaving passengers stranded without food, clarity or their luggage as airports struggled to manage the disruption.

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4 hours ago

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December 5, 2025

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IndiGo flight

India’s largest airline continued to face massive operational breakdowns, triggering frustration among travellers at major airports across the country. From piles of unattended suitcases to passengers waiting over 12 hours without food or clarity, the disruption stretched into its fourth consecutive day.

Long delays, no communication leave passengers anguished

Several travellers at Delhi airport described the situation as “mental torture”, as thousands of unclaimed suitcases lay scattered across the terminal. Many slept on the floor, while others expressed anger over the lack of communication from airline staff.

One flier said he had been waiting for over 12 hours without any explanation: “Every time they say one-hour or two-hour delays. We were going to a wedding but don’t even have our luggage.”

A passenger in Hyderabad recounted a similar ordeal, saying the flight was delayed indefinitely with no food, water, or updates from the airline. At the airport, some travellers blocked an Air India flight in protest over the lack of arrangements.

Goa and Chennai airports also witnessed tense moments. Videos from Goa showed fliers shouting at IndiGo staff as police attempted to calm the situation. At Chennai, CISF denied entry to IndiGo passengers due to heavy congestion.

Major metro airports impacted; cascading cancellations nationwide

Flight cancellations and delays were reported across multiple airports:

  • Over 200 flights were cancelled in Delhi
  • More than 100 each in Mumbai and Bengaluru
  • Around 90 in Hyderabad
  • Dozens more in Pune, Vishakhapatnam, Chennai and Bhopal

Pune airport stated that parking bay congestion worsened the situation, as several IndiGo aircraft remained grounded due to lack of crew. Other airlines continued operations without disruption.

Airport authorities said they had mobilised additional manpower for crowd control and passenger support.

IndiGo admits planning lapses, says more cancellations expected

The airline acknowledged a “misjudgment” in assessing crew requirements under revised night-duty norms, which it said created planning gaps. Winter weather and airport congestion further aggravated the crisis.

IndiGo informed the aviation ministry and DGCA that some regulatory changes—such as the shift in night-duty timings and a cap on night landings—have been rolled back temporarily to stabilise operations.

The airline warned that cancellations may continue for another two to three days, and from December 8, schedules will be trimmed to prevent further disruption.

In a message to employees, CEO Pieter Elbers said restoring punctuality would not be an “easy target”.

Airline issues apology amid nationwide frustration

In a late-night statement, IndiGo apologised to customers and industry partners, acknowledging the widespread inconvenience caused by the disruptions. The airline said all teams were working with authorities to bring operations back to normal.

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Delhi to install 305 mist sprayers across 9 major pollution hotspots

Chief Minister Rekha Gupta announced that 305 mist sprayers will be installed across nine pollution hotspots in Delhi, alongside expert-led planning and coordinated measures to reduce dust and biomass-related pollution.

Published

19 hours ago

on

December 4, 2025

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Delhi-NCR air quality

The Delhi government has announced a large-scale deployment of mist sprayer technology to tackle rising air pollution, with Chief Minister Rekha Gupta confirming that 305 mist sprayers will be installed across nine pollution hotspots in the capital.

Mist sprayers to curb dust at critical locations

During an inspection at ITO, Gupta said the mist sprayers already operational at the site are performing effectively. She noted that 35 poles at ITO have been fitted with these machines, which are helping suppress dust—a major contributor to air pollution in Delhi.

According to the Chief Minister, trials conducted in certain NDMC areas have shown promising results, reinforcing confidence in the technology.

High-level committee to guide pollution-control measures

Gupta announced the formation of a high-level expert committee that will advise the government on effective measures to reduce pollution. The panel will include senior officials from various departments as well as environmental specialists, including experts from IITs. Officials stated that the committee will receive special powers to implement pollution-mitigation strategies.

Departments directed to repair roads, add greenery

The Chief Minister said departments including PWD, DSIIDC and DDA have been instructed to fix potholes, repair and carpet roads, plant foliage along dividers and islands, and take other measures to reduce pollution sources.

She urged residents to report potholes on the government portal for quicker action.

Appeal to RWAs to prevent biomass burning

To curb winter pollution, Gupta advised Resident Welfare Associations (RWAs) to distribute electric heaters to security guards to discourage biomass burning, which significantly contributes to seasonal pollution spikes.

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