Rapid Fire
14-day Timeline under UAPA
- 25 Sep 2024
- 1 min read
Recently, the Supreme Court ruled that the 14-day timeline for granting sanction for prosecution under the Unlawful Activities (Prevention) Act (UAPA), 1967 is mandatory and not discretionary.
- Both central and state governments are required to act within this timeline in matters of national security.
- UAPA Rules 2008 use the term “shall,” indicating a clear legislative intent to complete the sanctioning process within the stipulated 14 days.
- This includes both the independent review (7 days) and government decision (7 days).
- Non-compliance with the 14-day timeline could result in severe legal consequences, such as the quashing of criminal proceedings.
- This ruling would apply prospectively, meaning it would not affect previous cases but must be followed strictly in all future instances.
- Bombay and Jharkhand High Courts had earlier considered the 14-day timeline as merely discretionary.
- The UAPA serves as a critical tool for the Indian government to combat terrorism effectively.
