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

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7 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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India News

CBSE denies OSM portal data breach, terms online allegations misleading

CBSE has strongly dismissed social media allegations of a security breach in its On-Screen Marking (OSM) portal, clarifying that the exposed URL is a mere testing site containing no actual student data or exam marks.

Published

9 hours ago

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May 26, 2026

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CBSE

The Central Board of Secondary Education (CBSE) has refuted viral claims circulating on social media regarding a security breach in its On-Screen Marking (OSM) portal. In an official statement, the national education board dismissed the allegations, labeling them completely false and highly misleading.

The clarification comes after social media posts suggested that sensitive student records and internal assessment systems had been compromised by unauthorised actors. Media reports indicate that the board has categorically denied any leak of actual student marks or examination-related details.

Testing site hosted no real student details

According to the statement released by the board, the web address highlighted in the viral allegations belongs strictly to a testing environment. The board clarified that this URL is utilized purely for internal evaluations, data sampling, and platform reviews during development phases.

The board firmly reiterated that no live student details, official scoreboards, or active examination data are stored on this testing site. Authorities have advised stakeholders and students to refrain from panic and avoid circulating unverified rumors that challenge the integrity of the examination system.

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India News

Congress Dismisses Karnataka Leadership Transition Rumors After Six-Hour Delhi Meet

The Congress party has rejected ongoing rumors regarding a leadership change or a rotating Chief Minister formula in Karnataka, stating that a recent six-hour meeting in Delhi focused strictly on the upcoming Rajya Sabha and MLC elections.

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10 hours ago

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May 26, 2026

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The Congress party has strongly downplayed the intense political buzz surrounding a potential leadership transition or a change in the Chief Minister’s post in Karnataka. Following a marathon six-hour meeting with the state’s top leadership in New Delhi, the party explicitly rejected the ongoing speculation, labeling it as having “no reality.”

A brief statement issued to the media after the high-level meeting advised against spreading rumors, clarifying that the discussions were entirely centered on upcoming electoral strategies rather than structural changes within the state government. The party stated that the deliberations solely revolved around the state’s three vacant Rajya Sabha seats and the upcoming Member of Legislative Council (MLC) elections.

Rajya Sabha and MLC Polls Take Center Stage

The high-stakes meeting was attended by Congress President Mallikarjun Kharge, senior leader Rahul Gandhi, and party General Secretary KC Venugopal, alongside Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar.

Briefing the media post-meeting, KC Venugopal stated that conversations were strictly confined to the Rajya Sabha and MLC elections, emphasizing that there is no truth to any other political speculation. Chief Minister Siddaramaiah also confirmed that the agenda of a potential cabinet expansion or a leadership shift did not come up during the six-hour-long discussion.

Background of the Power Struggle

The question of leadership in Karnataka has remained a recurring theme for over a year. Supporters of Deputy Chief Minister DK Shivakumar have consistently maintained that the central leadership promised a rotating Chief Ministership arrangement when the government was formed after the 2023 assembly elections.

Speculation had intensified recently as the ruling government faced local anti-incumbency pressures alongside renewed political activity from the opposition bench. Some internal reports had even indicated a push from within certain sections of the high command, including Priyanka Gandhi Vadra, for a leadership revamp.

Balancing Caste Equations and Party Structure

The central leadership has navigated the situation cautiously to maintain political stability. Chief Minister Siddaramaiah, 80, commands a powerful “Ahinda” support base—a coalition comprising minority communities, backward classes, and Dalits. This social alliance was crucial in helping the party navigate the traditional Vokkaliga and Lingayat caste dynamics during the 2023 elections.

Although the rotation issue had previously gained significant momentum when the government completed two years in office, the party high command had chosen to maintain the status quo to avoid any adverse electoral impact in neighboring assembly elections, such as in Tamil Nadu. With those elections concluded, supporters of the 64-year-old Deputy Chief Minister had expressed optimism for a transition. Shivakumar currently holds the dual responsibility of being the Deputy Chief Minister as well as the state Congress chief, signaling his critical organizational value to the party. However, for the time being, the party high command has firmly signaled that the current leadership structure will remain unchanged.

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Cricket news

Bowlers may hold the key in high-stakes IPL 2026 Qualifier 1 at Dharamsala

Although the media build-up centers on the batting heavyweight clash between Virat Kohli and Shubman Gill, the IPL 2026 Qualifier 1 in Dharamsala is set to be decided by the bowling consistency of Bhuvneshwar Kumar and Mohammed Siraj.

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18 hours ago

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May 26, 2026

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Flat pitches, towering sixes, and relentless run-scoring have defined the Indian Premier League (IPL) 2026 so far. However, when Gujarat Titans (GT) and Royal Challengers Bengaluru (RCB) lock horns in Qualifier 1 at the Himachal Pradesh Cricket Association (HPCA) Stadium in Dharamsala, the contest could ultimately hinge on the bowlers.

The HPCA Stadium has proved to be unforgiving for bowlers due to its short boundaries. A teaser of what could unfold was evident during recent net sessions, where Gujarat Titans’ Jos Buttler and Royal Challengers Bengaluru’s Tim David regularly launched monstrous hits out of the stadium. In the three matches played at this venue this season, teams crossed the 200-run mark five times, with the lowest score being 199/8. An average of nearly 25 maximums per match has been hit here, promising another potential run-fest.

Moving past the Kohli vs Gill narrative

While media attention focuses on the iconic battle between the ‘King’ Virat Kohli and the ‘Prince’ Shubman Gill—hailed as the heir to Indian cricket’s batting legacy—the true deciding factor might lie elsewhere. Both batters look in pristine touch. Gill occupies the second spot in the Orange Cap race with 616 runs from 13 matches, trailing behind his opening partner Sai Sudharsan. Meanwhile, Kohli has bounced back from a brief mid-tournament slump by smashing a sparkling century, taking his tally to 557 runs this season.

Despite the incredible batting firepower on display, the bowling units are expected to dictate which team blinks last. Media interactions with team managements highlighted that consistency and self-belief within the respective bowling departments have been the defining traits of both squads this season.

Powerplay battles to decide the finalist

For RCB, veteran pacer Bhuvneshwar Kumar leads the charge alongside Kagiso Rabada for GT, with both spearheads locked as the joint-highest wicket-takers across the two sides at 24 wickets each. Bhuvneshwar holds a slight edge due to a superior economy rate. Close behind them is GT’s Mohammed Siraj, who has taken 17 wickets so far. With supporting acts like Josh Hazlewood, Jason Holder, Prasidh Krishna, Rasikh Salam Dar, and spinners Rashid Khan and Krunal Pandya in the mix, the match promises an intriguing tactical battle.

Gujarat Titans’ assistant coach Vijay Dahiya acknowledged that negotiating Bhuvneshwar Kumar in the powerplay will be a massive task, but reminded that GT possesses equal firepower in Siraj and Rabada. “If you talk about the powerplay, our numbers are among the best in this tournament,” Dahiya stated.

RCB captain Rajat Patidar echoed similar views, placing immense faith in his bowling attack to stop GT’s prolific opening duo of Gill and Sudharsan. “Our strength is bowling. The way we bowl in the powerplay will be very crucial. We’ll look for early wickets and that is what we have done throughout the tournament,” Patidar remarked.

In a tournament dominated by towering batting displays, the team whose bowling unit holds its nerve under the Dharamsala lights will seal a direct spot in the IPL final.

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