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Bombay High Court upholds Constitutional validity of UAPA

The Supreme Court in February this year had allowed High Courts to proceed with the petitions challenging the amendments to the UAPA

Sahyaja MS

The Bombay High Court on Thursday dismissed a petition challenging the validity of the provisions of Unlawful Activities (Prevention) Act (UAPA).

A bench of Justice AS Gadkari and Justice Neela Gokhale said the law was constitutional valid.

"UAPA in its present form is constitutionally valid challenge to its vires fails. The petition fails," the Court said.

A detailed copy of the judgment is awaited.

Justice AS Gadkari and Justice Neela Gokhale

The provisions of UAPA, an anti-terror law criticized for being employed to target dissenters, was challenged by one Anil Babura Baile.

According to Indian Express, Baile had been issued a notice in 2020 in connection with the Elgar Parishad violence case of 2018.

He then moved the Court challenging the validity of the law.

The Supreme Court in February this year had allowed High Courts to proceed with the petitions challenging the amendments to the UAPA, observing that top court should not become the court of first instance, except in rare instances.

A similar petition challenging UAPA provisions is pending before the Delhi High Court.

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