A Public Interest Litigation (PIL) has been filed in the Supreme court against the Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA), seeking direction to declare it unconstitutional.
The petition has been filed by Sajal Awasthi, who claims to be a pubic spirited individual and a good Samaritan. He alleged that the UAPA act was against the basic fundamental rights enshrined in the Constitution of India.
It is against Articles 14, 19 and 21, representing the Right to Equality, Freedom of Speech and Expressions, and Right to Life, respectively.
Awasthi had also written a letter to the home minister and sent a similar letter to the Ministry of Law and Justice to reconsider the passing of the Act before 14 August.
In the 27-page petition, Awasthi said the Act curtailed the Right to Dissent. It provides no opportunity to the person termed a 'terrorist' to justify his case before arrest. Such an Act violated the basic tenants of the Constitution, he added.
The case is likely to be mentioned before justice Arun Mishra on Monday since chief justice Ranjan Gogoi is likely to be on the constitutional bench for the Ram Janambhoombhi-Babri Masjid land dispute case.
The Act received the President's assent on 8 August and was notified by the official gazette on 14 August.