President Kovind gives assent to UAPA(amendment) act, 2019

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By admin August 10, 2019 17:52

News: President has given assent to Unlawful Activities (Prevention) Amendment Act, 2019.

 Provisions of the bill

  • Under this act, individuals can be declared as terrorists and their properties seized.

  • It also provides for ban on travelling of such individuals, once they are declared as terrorists.

  • The first two individuals that are going to be designated as terrorists under the legislation are Lashkar-e-Taiba founder Hafiz Saeed and Jaish-e-Mohammad chief Masood Azhar.

  • The amendments also empowers the Director General of the National Investigation Agency (NIA) to attach properties that have been acquired from proceeds of terrorism.

  • Before this amendment, NIA required to take prior permission from respective state police chief under law, to attach the proceeds of terrorism.

  • This lengthy process often resulted in delays in attaching properties as such properties are often in different states.

  • Earlier, officers of DSP rank or above were empowered to investigate cases under UAPA as per section 43, but now the Inspector ranked officers are empowered to do so.

  • These changes have been brought in to quicken the justice delivery in such cases and to give the anti-terror agencies the upper hand over terrorists.

 

Under the UAPA, 1967 the central government may designate an organisation as a terrorist organisation if it:

1. commits or participates in acts of terrorism,

2. prepares for terrorism,

3. promotes terrorism, or

4. is otherwise involved in terrorism.

 UAPA amendment bill, 2019 additionally designate government to designate individuals as terrorists on the same grounds.

The UAPA, framed in 1967, has already been amended twice since: first in 2008 and then in 2012 and now again.

 Why UAPA, 1967 has been amended?

Presently, the National Investigation Agency faces many difficulties in the process of investigation and prosecution of terrorism related cases due to:

  • certain legal infirmities

  • Misalignment of the domestic laws with the international obligations as mandated in several Conventions and Security Council Resolutions on the issue

Thus, to deal with the above issues this amendment has been proposed.

 Source – https://www.thehindu.com/news/national/president-kovind-gives-assent-to-uapa-bill/article28969488.ece

admin
By admin August 10, 2019 17:52