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Bombay High Court Upholds UAPA, Sedition Law; Issues Detailed Verdict

In its detailed judgment, the bench invoked the presumption of statutory validity from Section 5 of the General Clauses Act to reject claims of executive overreach under UAPA.

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The Elgar Parishad was held at Shanivarwada in Pune on December 31, 2017. (HT PHOTO)
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Overview

  • The court dismissed Anil Baburao Baile’s 2021 petition challenging the Unlawful Activities (Prevention) Act and declined to quash the July 10, 2020 NIA notice linked to the Elgaar Parishad case.
  • Justices Ajey S. Gadkari and Neela K. Gokhale also rejected the plea to strike down Section 124A of the IPC on sedition.
  • The written verdict clarifies that UAPA does not amount to preventive detention and would withstand constitutional scrutiny even if it did.
  • The bench relied on the presumption of constitutional validity of statutes and Section 5 of the General Clauses Act to affirm Parliament’s power to define unlawful activities and terrorism.
  • The full text of the judgment was released on July 18, providing a comprehensive account of the legal reasoning underpinning the decision.