Stan Swamy challenges 43D(5) of UAPA
Fr Stan Swamy challenges constitutional validity of UAPA’s bar on grant of bail before Bombay HC https://www.theleaflet.in/fr-stan-swamy-challenges-constitutional-validity-uapas-bar-on-grant-of-bail-before-bombay-hc/
by T he Leaflet July 2, 2021
Swamy has contended that this provision creates an ‘unsurmountable’ hurdle for the accused to get bail and, thus, is violative of Articles 14 (right to equality) and 21(right to life and personal liberty) of the Constitution.
The plea also says the use of “front organisation” is dehors any statutory backing and further the use of this terminology in the first schedule of the UAPA is violative of Article 14, 19 and 21 in so far as it places arbitrary and overarching restrictions on fundamental rights.