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Defence cited SC order on ‘safeguards'

Defence cited SC order on ‘safeguards'

Time of India3 days ago
Mumbai: The defence cited the Supreme Court judgment of Sept 23, 2023, where it held, in an appeal from the high court of Jharkhand at Ranchi, that the UAPA rules and added safeguards introduced in 2008 were "couched in mandatory language and, therefore, have to be strictly followed.
" "This is keeping in view that UAPA being a penal legislation, strict construction must be accorded to it. Timelines imposed by way of statutory rules are a way to keep a check on executive power, which is a necessary position to protect the rights of accused persons. Independent review by both the authority recommending sanction and the authority granting sanction are necessary aspects of compliance with Section 45 of the UAPA," the SC's Justices CT Ravi Kumar and Sanjay Karol had stated. The SC had further said, "Given the severity of these laws and the nature of activities with which they are associated, the effect that they have on the person accused thereunder is not only within the realm of law but also drastically affects social and personal life. It is only after the authority, having been handed this task, is of the considered view that sanction can be granted, should it be so done."TNN
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