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Activist Stan Swamy challenges stringent UAPA provision, says it violates fundamental right

The activist has also sought to be enlarged on bail on furnishing bail bond and surety, while challenging the Special Court’s order that rejected his bail application.

Published: 03rd July 2021 08:52 PM  |   Last Updated: 04th July 2021 10:22 AM   |  A+A-

Jesuit social activist and preacher Father Stan Swamy

Jesuit social activist and preacher Father Stan Swamy. (File photo | PTI)

MUMBAI: Chima-Koregaon case accused Father Stan Swamy has moved the Bombay High Court challenging the constitutional validity of section 43-D (5) of the Unlawful Activities Prevention Act (UAPA), which imposes strict conditions for grant of bail, for violating Articles 14,19 and 21 of the Constitution.

The octogenarian tribal activist in his writ petition submitted that section 43D (5) creates an “unsurmountable” hurdle to anyone seeking bail under UAPA, thus making it violate Articles 14 and 21 of the Constitution. These articles relate to a person’s right for equality in front of law and the right to liberty.

The plea filed through advocate Mihir Joshi has also urged the HC to quash and set aside the terminology “all its formations and front organisations” in the first schedule of UAPA for being violative of constitutional provisions.

The activist has also sought to be enlarged on bail on furnishing bail bond and surety, while challenging the Special Court’s order that rejected his bail application. As an alternative, Swamy has sought directions to keep him under house arrest at his residence in Jharkhand during the pendency of the trial.

“The grant of bail is the norm and its denial should be an exception because an accused who is presumed to be innocent until proven guilty should not be denied his freedom,” the plea has said.



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