Supreme Court To Hear Plea Challenging Constitutionality Of Unlawful Activities Prevention Act On Oct 18

A Supreme Court bench comprising Chief Justice of India, U.U. Lalit, Justices Ravindra Bhat and J.B. Pardiwala, on Monday, listed the writ petition challenging the constitutional validity of the Unlawful Activities (Prevention) Act, 1967 for 18th October 2022.

Senior Advocate Arvind Datar appeared for the petitioners, Foundation of Media Professionals in the matter. CJI Lalit remarked that–

"List these matters on 18th October 2022. The counsel appearing in the connected matters sent intimation accordingly."

The petition states that the Act is a political tool disguised as an anti-terror law and is misused by the government to target any and all forms of dissent. The petition submits that–

"The scheme of the Act, is a gross assault on the freedoms protected under Articles 14, 19, and 21 of the Constitution, insofar as it grants excessive and overwhelming powers to the State to act against associations and individuals who express criticism against the ruling party or the majoritarian sentiments."

It states that the provisions of the Act are designed to curtail any and all forms of dissent and opinions regarding the governing party, and therefore constitute an assault of the freedom of speech and expression. It further submits that the definitions of unlawful activity and terrorist act do not mandate mens rea and thus, any expression of personal opinions regarding the issue of governance, cession, or secession may incite sanction by the government under the Act. 

As per the petition, the inclusion of written, spoken, and artistic works within the definition of unlawful activity amounts to a chilling effect on the freedom of speech. Further, as per the petition–

"The definition of 'unlawful activity' includes "disaffection against India" which does not have a defined meaning under the Act and can be used to target anyone against whom the government harbours a grudge to someone who may have a contrary point of view. It is submitted that 'unlawful activity' as a category exists only for the State to quell opposition, and in that sense is arbitrary and undemocratic."

Accordingly, the petition seeks to declare the Act unconstitutional, being manifestly arbitrary and violative of the fundamental rights protected under Article 14, 19, and 21 of the Constitution.

Case Title: Foundation of media professionals & anr v UOI & Ors W.P.(C) No. 230/2022

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