Kerala High Court quashes Sedition, UAPA charges against alleged Maoist Party member due to delay in sanction by State govt

The Court said that when sanction is statutorily mandated for taking cognizance and if cognizance is taken without a sanction or on the strength of an invalid one, the act of taking cognizance would stand vitiated.
Justice K Vinod Chandran and Justice C Jayachandran with Kerala High Court
Justice K Vinod Chandran and Justice C Jayachandran with Kerala High Court

The Kerala High Court on Thursday quashed charges under the Unlawful Activities Prevention Act (UAPA) and sedition (Section 124A of Indian Penal Code) against an alleged member of the Communist Party of India (Maoist) on the ground that there was delay by the State government in issuing sanction under Section 45 of the UAPA [Roopesh v. State of Kerala].

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