Amit Shah hits out at UAPA critics in Lok Sabha; 'BJP does not play vote bank politics'

Hitting out at the critics of the Unlawful Activities (Prevention) Act in Lok Sabha, Union Home Minister Amit Shah contended that this law will be invoked on those who work against India. Speaking during a discussion on The Criminal Procedure (Identification) Bill, 2022, on Monday, Shah contended that the opposition was defending a specific caste or religion while flagging the misuse of the UAPA.

Lamenting the repeal of the Prevention of Terrorism Act during the UPA tenure, he made it clear that the Narendra Modi-led government did not indulge in vote bank politics. 

Union Home Minister Amit Shah remarked, "I still say today that the Prevention of Terrorism Act (POTA) was a law in the interest of this country, it was repealed for appeasement, I have no hesitation in saying this. We do not play vote bank politics. We have come to secure the country, take the country to the greatest heights in the world.".

"In 2019, there were only 1200 cases under UAPA. This includes cases pertaining to narcotics, arms smuggling, terrorism, and foreign funding for terrorism. And 796 people were arrested. Do you think that UAPA will not be invoked against those working against the nation because you will raise questions? It will definitely be invoked and the culprits will be put behind the bars," he added.

Concern over prolonged incarceration in UAPA cases

There have been growing concerns about the prolonged incarceration of people booked under the UAPA in the last few years with barely a few of them put on trial. In a landmark verdict in February 2021, the Supreme Court ruled that bail can be granted to a person booked under UAPA if there is no likelihood of the trial being completed within a reasonable period of time. 

The matter pertained to the NIA's plea against the Kerala High Court order dated July 23, 2019, whereby a person accused of chopping Professor TJ Joseph's right palm in 2010 was granted bail.

The court's verdict assumes significance as many persons charged under the UAPA have been denied bail on account of Section 43-D(5) and the precedent set by the NIA v Zahoor Ahmad Shah Watali verdict.

As per Section 43-D(5) of the UAPA, the court shall deny bail to an accused if it feels that the accusation against such a person is 'prima facie' true after perusing the case diary or the charge sheet. In the NIA vs Zahoor Ahmad Shah Watali case, the apex court set aside the Delhi High Court verdict granting bail to an influential businessman from Jammu and Kashmir who was booked under provisions of the IPC and the UAPA.