Supreme Court Declines to Hear Pleas Against 2019 UAPA Amendments, Directs High Courts

In a significant development, the Supreme Court of India has refused to entertain petitions challenging the 2019 amendments to the Unlawful Activities (Prevention) Act (UAPA), directing petitioners to first approach the respective High Courts.

A bench led by Chief Justice of India D.Y. Chandrachud observed that the High Courts must be given the first opportunity to examine the constitutional validity of the amendments before the matter is escalated to the apex court. The bench stated, “High Courts have jurisdiction to decide on such matters, and petitioners should first seek relief from them.”

The 2019 amendments to the UAPA significantly expanded the scope of the law, allowing the government to designate individuals as terrorists, rather than just organizations. This amendment has been widely debated for its impact on civil liberties and fundamental rights. Several petitions were filed before the Supreme Court challenging these provisions, arguing that they violate Articles 14, 19, and 21 of the Constitution by granting excessive and unchecked powers to the executive.

During the hearing, the Supreme Court noted that there was no exceptional urgency requiring direct intervention and reaffirmed the principle of judicial hierarchy, where constitutional challenges should first be examined at the High Court level. The court, however, granted petitioners the liberty to approach the Supreme Court again if they are dissatisfied with the High Court's decision.

The ruling reinforces the importance of the High Courts in adjudicating constitutional matters and sets a precedent for petitioners to exhaust alternate legal remedies before seeking relief from the Supreme Court.

This decision will now shift the legal battle over the UAPA amendments to multiple High Courts across the country, where the constitutionality of the law will be examined in detail. LinkedIn Link - https://www.linkedin.com/company/legal-soch-foundation/ 💼📚👩‍⚖

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