KERALA HIGH COURT’S DISCHARGE OF UAPA ACCUSED QUASHED BY SC

The Supreme Court quashed the Kerala High Court order which discharged an accused arrested for his Maoist links, for offenses including sedition, and under the anti-terror law, Unlawful Activities Prevention Act. A bench comprising of Justices M R Shah and A S Bopannatold said while hearing the appeals filed by Kerala and others, that the September 2019 verdict from the High Court was ‘absolutely contrary’ to the ‘statutory provisions under the NIA Act and the law laid down earlier by the SC, PTI reported. 

 

The court said the revision petitions should be decided and disposed by the division bench court at the earliest, or preferably within six months from the date of issue. “In the present case, admittedly, the impugned judgment and order has been passed by the single judge which can be said to be absolutely contrary to the statutory provision, namely, section 21(1) and 21(2) of the NIA Act and the law laid down by this court in the aforesaid decisions (referred to in the order),” the bench said on October 29th. 

 

The apex court made it clear that it was not making any merits in favour of either party, but setting aside the order solely on the grounds of being contrary. “In view of the above and the law laid down by this court…and even considering section 21 of the NIA Act, any order passed by the special court, not being an interlocutory order, is subjected to appeal before the high court and to be heard by a bench of two judges of the high court,” the bench added. 

 

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