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

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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.

India News

Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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As stealth reshapes air combat, India weighs induction of Sukhoi Su-57 jets

India is assessing the possible induction of up to 40 Sukhoi Su-57 fifth-generation fighter jets as stealth becomes central to future air combat strategy.

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Sukhoi Su-57 jets

Aerial warfare is increasingly being defined by the ability to remain undetected rather than by traditional dogfighting skills, and India is now assessing options to strengthen its capabilities in this new paradigm. Defence circles are abuzz with indications that the Indian Air Force may consider procuring up to 40 Russian fifth-generation Su-57 fighter jets, according to sources.

The possible move comes less than a year after Operation Sindoor, which was launched in May last year following the Pahalgam terror attack. The air engagements with the Pakistan Air Force during the operation are understood to have provided fresh operational insights, prompting discussions on future preparedness.

Why stealth is central to fifth-generation fighters

Fifth-generation fighter aircraft are designed with a strong emphasis on low observability. Platforms such as the Su-57 incorporate airframes shaped to reduce radar signatures and use radar-absorbent materials to make detection more difficult across radar, infrared and visible spectrums.

These aircraft typically integrate advanced avionics, sensor fusion and supercruise capabilities. They are also configured to carry specialised weapons internally, enhancing stealth during combat missions.

According to information available on Sukhoi’s official platform, the Su-57 is equipped with a deeply integrated avionics suite that offers a high level of automation and intelligent crew support. Its onboard systems enable it to operate autonomously and exchange data in real time with ground control systems or as part of a coordinated task force.

The aircraft can deploy a broad range of air-to-air and air-to-surface munitions, allowing it to undertake both fighter and strike roles. Sukhoi states that the jet is capable of conducting covert missions owing to reduced visibility across multiple wavelength ranges.

The Su-57 is also fitted with an auxiliary power unit designed to improve deployment autonomy and lower fuel consumption during ground operations. An onboard oxygen extraction unit enhances operational endurance. Additionally, the aircraft features an explosion-proof fuel tank system described as a generator-type neutral gas system, aimed at improving combat survivability.

Regional security context

The reported deliberations come amid evolving regional dynamics. China, regarded as Pakistan’s close strategic partner, has developed the J-20 fifth-generation stealth fighter, and there are indications that such capabilities could eventually be shared with Pakistan.

India is also pursuing its own fifth-generation programme, the Advanced Medium Combat Aircraft (AMCA). The first flight of the AMCA is expected around 2028 or 2029, with induction into the Air Force projected around 2035.

In this backdrop, any decision on the Su-57 would form part of a broader effort to ensure that the Indian Air Force remains prepared for future aerial warfare scenarios where stealth and advanced sensing capabilities play a decisive role.

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RSS chief backs nationwide rollout of Uniform Civil Code, cites Uttarakhand model

RSS chief Mohan Bhagwat has supported nationwide implementation of the Uniform Civil Code, urging adoption of the Uttarakhand model.

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Mohan Bhagwat

Rashtriya Swayamsevak Sangh chief Mohan Bhagwat has expressed support for implementing the Uniform Civil Code (UCC) across the country, stating that it would be a “very good thing” if adopted nationwide. He suggested that the framework introduced in Uttarakhand could serve as a model for other states.

Speaking at a former servicemen’s dialogue seminar organised to mark the RSS’s 100th anniversary, Bhagwat said the UCC should be implemented in a manner similar to the approach followed by Uttarakhand. The hill state became the first in the country to enforce the Uniform Civil Code on January 27 last year.

Highlighting the process adopted in Uttarakhand, Bhagwat noted that after a draft proposal was prepared, it was opened for public discussion. According to him, suggestions from nearly three lakh people were received, and these inputs were examined and incorporated.

Describing the UCC as essential for societal unity, the RSS chief said such a legal framework would strengthen social cohesion.

When asked about the ongoing issue concerning the University Grants Commission, Bhagwat declined to comment, stating that the matter is currently under consideration by the Supreme Court of India.

Addressing retired personnel from the armed forces and paramilitary services at the event, Bhagwat underlined the continuing importance of defence forces, even in an independent nation, to safeguard sovereignty.

He also reflected on the journey of the RSS, saying the organisation was established without external resources and continued to grow despite facing severe sanctions on two occasions. He attributed its progress to the confidence and support of society.

Encouraging participation, Bhagwat invited former servicemen to attend Sangh camps and programmes to observe the work of volunteers and contribute to service activities based on their interests and abilities.

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