UAPA: Petition challenging constitutional validity of Act filed in SC, Hearing Fixed for next week

Anti Social Activities Prevention Act

The Supreme court on Wednesday agreed to list next week for hearing a PIL challenging the constitutional validity of various provisions of the Uttar Pradesh Gangster and Anti-Social Activities Prevention Act, 1986.

This petition has been filed by Advocate on Record Ansar Ahmed Chaudhary.

The petitioner challenged the Section 3, 12 and 14 of the Act as well as Rules 16(3), 22, 35, 37(3) and 40 of the 2021 Rules.

The sections of law and rules are violative of Articles 14, 19, 20(2), 21 and 300A of the Constitution and the Basic Structure of the Constitution, it added

The petition has also sought a direction to the respondents to suspend further proceedings in the cases already registered under sections 2/3 of the Gangster Act, 1986.

The Act gives arbitrary power to the authorities to invoke its provisions on their own satisfaction and the Act miserably fails on the touchstone of Article 14 and the parameters of non-arbitrariness mentioned therein, the plea added

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About the Author: Meera Verma