By Admin 
Umar Khalid and Sharjeel Imam: The bail pleas of Omar Khalid and Sharjeel Imam have been rejected by the Supreme Court in the Delhi riots case. Five other accused have been granted bail. The court cited Section 43D(5) of UAPA as the main reason for refusing to provide relief to Khalid and Imam. Let us know what UAPA is and against whom it was first used.
What is UAPA? (What is UAPA)
The Unlawful Activities Prevention Act, commonly known as UAPA, is India’s main anti-terrorism and national security law. It is designed to prevent activities that threaten the sovereignty, unity and integrity of India. This includes separatist movements and terrorism.
When was UAPA implemented?
UAPA was enacted by the Indian Parliament in 1967 during the tenure of Indira Gandhi. Initially the law was introduced to deal with illegal and separatist activities.
Who were the first people to be charged under UAPA?
In its early years, UAPA was used against left-wing extremist and separatist movements. The biggest example of this was the Naxalbari movement in West Bengal. This movement started in 1967. Individuals and groups associated with this armed farmers’ revolt were among the first to face action under the UAPA.
Even before its enactment, separatist demands, such as those initiated by the Dravida Munnetra Kazhagam for an independent state, influenced the creation of such legislation. UAPA gave strength to deal with similar movements.
There was a major change in this law in 2004. After the abolition of POTA, the definition of terrorist activities was formally added to UAPA. This made this law the main anti-terrorist law of India. After this, many amendments were made in 2008, 2012 and 2019 also. In 2019, the government got permission to declare not only organizations but also an individual as a terrorist.
First person to be declared a terrorist under UAPA
Several globally recognized terrorists were among the first to be designated terrorists under the UAPA following the 2019 amendment. These included Hafiz Saeed, Masood Azhar, Zaki-ur-Rehman Lakhvi and Dawood Ibrahim.
Investigation, detention and punishment under UAPA
Cases under UAPA are usually investigated by the National Investigation Agency or special state police units. The law allows authorities to detain an accused for up to 180 days without filing a charge sheet, compared to 60 to 90 days under normal criminal law. Under UAPA, a criminal can be sentenced to life imprisonment or even death penalty depending on the crime.
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