14-day Timeline under UAPA | 25 Sep 2024

Source: HT

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.

Read More...