UAPA tribunal upholds MHA ban

The Unlawful Activities (Prevention) Amendment Act, 2019 was passed by the Parliament in 2019. It amends the Unlawful Activities (Prevention) Act, 1967.
The amendment act empowers the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror. Earlier, the Central Government was having powers only to designate organisations as terrorist organisations.
The UAPA law of 1967 requires an investigating officer to take prior permission of the Director General of Police of a state for conducting raids, and seizing properties that are suspected to be linked to terrorist activities.
The amendment act of 2019 however, removes this requirement if the investigation is conducted by an officer of the National Investigation Agency (NIA). The investigating officer, under the 2019 act, only requires sanction from the Director General of NIA.
- Central agencies such as the Central Bureau of Investigation (CBI) are required to obtain prior permission from the state government since law and order is a state subject under the Constitution.
The UAPA law of 1967 specifies that only officers of the rank of Deputy Superintendent or Assistant Commissioner of Police of the NIA shall have the power to investigate offences under the UAPA law. The amendment act seeks to allow NIA officers of Inspector rank to carry out investigations.

A tribunal under the Unlawful Activities (Prevention) Act (UAPA) has upheld the Centre’s decision to declare seven valley based Meitei extremist organisations as “unlawful associations” for the next five years.

What is a UAPA tribunal?

The UAPA provides for a tribunal under a High Court judge to be constituted by the government for its bans to have long-term legal sanctity.
Orders to declare an organisation as “unlawful” are issued by the Centre under the UAPA. A government order would not come into effect until the tribunal has confirmed it.
- However, in exceptional circumstances, the notification can come into effect immediately once the reasons for it are recorded in writing. The tribunal can endorse or reject it.
The tribunal consists of only one person, who has to be a High Court judge.
The Centre is to provide to the tribunal such staff as necessary for the discharge of its functions. All expenses incurred for a tribunal are borne out of the Consolidated Fund of India.
The tribunal has power to regulate its own procedure, including the place at which it holds its sittings.
To make inquiries, the tribunal has the same powers as vested in a civil court under the Code of Civil Procedure, 1908.
- These can be exercised in summoning a witness and examining him on oath; production of any document or other material object producible as evidence; the reception of evidence on affidavits; the requisitioning of any public record from any court or office; and the issuing of any commission for the examination of witnesses.
All proceedings before the Tribunal are deemed to be judicial proceedings.

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