UAPA: SC reinstates the principle of “guilt by association”
Recently, the Supreme Court has restored the principle of ‘Guilty by association’ under the Unlawful Activities Prevention Act (UAPA), 1967.
Earlier, in three separate cases in 2011, the Supreme Court had ruled that mere membership of a banned organization could not constitute an offence.
These three cases were – State of Kerala v. Ranif; Arup Bhuiya v. Union of India and Shri Indra Das v. State of Assam.
The Supreme Court, setting aside its 2011 judgment, has reinstated the “guilty by association” principle in criminal jurisprudence in India.
The Apex Court has also affirmed the constitutional validity and propriety of Section 10 (a) (i) of the UAPA, 1967.
The section makes continued membership of a banned organization a punishable offense with a jail term of up to two years.
Section 3 of the UAPA empowers the Central Government to declare any organization unlawful. The government may do so through an official gazette notification. However, it is necessary to give reasons for this.
Guilty by association is also known as the ‘association fallacy’. This principle is defined as “guilty not because of any evidence, but because of association with a criminal”.
UAPA is the main law of India against terrorism and terrorist activities. It has been passed for effective prevention on certain illegal activities of individuals and organizations.
Also, it has been enacted to deal with terrorist activities and matters connected therewith.
The UAPA law also provides for preventive detention.
Source : Indian Express
