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In the previous judgments, the top court had held that mere membership of a association is not sufficient to constitute an offence under the UAPA unless it is accompanied with some overt violence.
Source: https://www.ibtimes.co.in/membership-banned-organisation-uapa-offence-rules-sc-857712
Key to this is the clampdown under UAPA and PSA in J&K.
Responding to Mahesh Raut’s prayer seeking relief claiming violation of his fundamental rights under Articles 14 and 21, the agency said that as such it was not justifiable for an accused under UAPA to seek relief on constitutional grounds.
The Jammu & Kashmir High Court has said that an investigating agency has to justify the arrest of an accused under the Unlawful Activities Prevention Act (UAPA) on the anvil of “clear and present danger” to the society when opposing his bail.
The NIA had registered the cases under the Unlawful Activities (Prevention) Act (UAPA) in August last year.
“The UAPA is repeatedly weaponized by Indian authorities to intimidate, harass journalists, human rights defenders and activists violating their rights of freedom of expression and association.
The Union Home Ministry has designated Ejaz Ahmad Ahangar, the recruitment chief of the terror organisation, Islamic State Jammu and Kashmir (ISJK) as a terrorist under the Unlawful Activities (Prevention) Act (UAPA) 1967.