The Supreme Court asked the Union government to respond to petitions challenging its decision to amend the draconian Unlawful Activities (Prevention) Act giving it powers to categorise anyone as a terrorist. UAPA was introduced in 1967 to target secessionist organizations. It is primarily an anti-terror law aimed at preventing certain unlawful activities of individuals and associations. The cases under the UAPA are investigated by the State police and the National Investigation Agency (NIA).
(A) Under the Act, the central government may designate an organisation as a terrorist organisation if it:
(B) Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism. The Bill adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA would be required for seizure of such property.
(C) Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
(D) The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
