SC allows withdrawal of pleas challenging constitutionality of UAPA

NEW DELHI: The Supreme Court on Thursday allowed the withdrawal of the petitions challenging the constitutionality of the provisions of the Unlawful Activities Prevention Act (UAPA).

A Bench presided over by Justice Bela M. Trivedi dismissed as withdrawn the entire batch of petitions, including the plea filed by a journalist and two advocates challenging the FIR lodged under the UAPA provisions by Tripura Police in connection with a tweet about the alleged 2021 communal violence in the state.

Justice Trivedi observed: "Normally, we would have not entertained such petitions filed directly under Article 32 of the Constitution, nor would we have granted any interim order."

Asking the petitioners to approach the concerned High Court, the bench, also comprising Justice Pankaj Mithal, said that though it is not inclined to extend the interim order but will request the Tripura government to not take any coercive action for a period of two weeks.

When asked for liberty to appear virtually before the Tripura High Court, the Bench said: "We cannot micromanage everything. Let the High Court take a call whether appearance through video conferencing should be permitted or not."

"It is needless to say that the petitioners shall be at liberty to file appropriate proceedings before the appropriate forum as permissible under the law," said the apex court in its order.

In November 2021, the Supreme Court had directed Tripura Police not to take any coercive action against the petitioners in connection with the FIRs lodged under the UAPA provisions for alleged inflammatory tweets depicting violence and vandalisation of places of religious worship during communal violence in the state.