Stan Swamy files plea against constitutional validity of UAPA section
[ad_1]
Father Stan Swamy, accused within the Bhima Koregaon caste violence, has filed a recent legal petition earlier than the Bombay High Court difficult the constitutional validity of a section below the Unlawful Activities Prevention Act (UAPA) that creates a hurdle for an accused to be granted bail.
Fr. Swamy, 84, at the moment being handled at a non-public hospital, has filed a recent plea difficult Section 43 (D) (5) of the UAPA. The section explains “no person accused of an offence punishable under Chapters IV (punishment for terrorist activities) and VI (forteiture of proceeds of terrorism or any property intended to be used for terrorism) of this Act shall, if in custody, be released on bail or on his own bond”.
The petition states, “The section creates an insurmountable hurdle for any accused to be granted bail under the provisions of UAPA.”
Through his lawyer, Fr. Swamy has additionally challenged the use of “frontal organizations” by authorities to oppose the bail software blatantly, arbitrarily and likewise violating the basic rights below Article 14 (equality below the regulation) and 21 (Right to Life) below the Indian Constitution.
The matter is anticipated to be heard on July 3.
The Jesuit priest was shifted to the non-public hospital from Taloja Central Jail on May 29 after being directed by the Bombay High Court. He was was arrested from Ranchi on October 9, 2020, and charged below a number of sections of the Indian Penal Code and UAPA.
[ad_2]
