J&K:Ijaz Ahmad Dar, a senior advocate with the Jammu and Kashmir and Ladakh High Court in an interaction with ETV Bharat explains about the true nature of UAPA. The Act stands for Unlawful Activities (Prevention) Act, which means that it applies to an individual or group, found to be involved in an illegal activity. The UAPA was enacted in 1967 to curb activities those endanger the country's integrity.
After the abolition of the constitutional status of Jammu and Kashmir, in addition to various laws under the Reorganization Act 2019, the strict UAPA was also implemented here. Under which several persons were either lodged in jails or released on bail, even as several cases are pending in the courts.
Sr Advocate Ijaz Ahmad Dar speaking to ETV Bharat Read:Militant killed in encounter at Sopore in J&K's Baramulla
Dar says that after the legal amendment in August 2019, any person other than a party involved in illegal activities can now be declared an extremist under the UAPA, and that the assets of that person or group can also be confiscated. He adds that the NIA has been given unlimited powers to take action. Earlier, the NIA had to seek permission from the concerned state or UT police before taking action against any person or party, but after the amendment of UAPA, it is no longer required.
The advocate also said that the number of cases registered under PSA as well as UAPA is increasing in the courts these days. This indicates a change in the way the police work. PSA stands for the Public Safety Act (PSA) of J&K, which is an administrative detention law that allows detention of any individual for up to two years without trial. PSA also allows for the arrest and detention of people without a warrant, specific charges, and often for an unspecified period of time.
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Dar further said that the UAPA was in fact an anti-militancy law aimed at effectively curbing extremist activities carried out individually or collectively. This law is considered to be the forerunner of laws like TADA and POTA, he added.
