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Search Results for "UAPA"

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Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Petition Challenging Bail Cancellation in NDPS Act Case Due to Narco-Terrorism Links. Transfer of Investigation to NIA and Framing of Charges Under UAPA Justify Custodial Interrogation for Thorough Investigation.

1 Jan 2024

The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the...

Supreme Court

Supreme Court Allows State Appeal in UAPA Jurisdiction Case — Sessions Court Has Power to Add UAPA Offences When No Special Court Notified by State Government. The Court held that under Section 22(3) of the NIA Act, the Sessions Court is the exclusive trial court for UAPA offences when no Special Court is constituted by the State Government, and the Chief Metropolitan Magistrate retains remand jurisdiction.

1 Jan 2024

The State of West Bengal appealed against the Calcutta High Court's order quashing proceedings under the Unlawful Activities (Prevention) Act, 1967 (U...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

High Court

Bombay High Court Dismisses NIA Appeal Against Bail Granted to Accused in UAPA Case — Bail Upheld on Grounds of No Prima Facie Case of Terrorist Act. Court held that mere association with ISIS without evidence of conspiracy to commit terrorist acts does not attract Section 16 of UAPA, and Section 43D(5) bar on bail is not triggered.

23 Feb 2021

The National Investigation Agency (NIA) appealed against an order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the...

Supreme Court

Supreme Court Allows Default Bail in UAPA Case: Exclusive Jurisdiction of Special Court for Extension of Investigation Period. The right to default bail under Section 167(2) CrPC accrues upon expiry of 90 days and is not defeated by subsequent filing of charge sheet if application was made before filing.

30 Oct 2020

The Supreme Court allowed the appeal of Bikramjit Singh, who was arrested in connection with a grenade attack at a Nirankari Bhawan in Amritsar on 18....

Supreme Court

Supreme Court Upholds Conviction of ISIS Associate Under Section 120B IPC and Section 38 UAPA, Acquits Under Section 125 IPC and Sections 39, 40 UAPA. Membership of terrorist organisation and criminal conspiracy established, but waging war and fund-raising charges not proved.

2 Aug 2019

The case pertains to the conviction and sentencing of Yasmeen Mohammad Zahid (A2) for offences related to her association with the Islamic State of Ir...

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