The Delhi High Court on Friday directed the Foundation for Media Professionals to submit a supplementary affidavit providing examples of alleged misuse of the Unlawful Activities (Prevention) Act (UAPA) against journalists. The plea challenges the constitutionality of certain provisions of the UAPA, asserting that the law is being weaponized to stifle press freedom.
A Bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela emphasized the need for concrete examples to substantiate the allegations. “We cannot presume that a provision is abused; please give an example,” Chief Justice Manmohan remarked, urging the petitioners to provide case-specific details.
Senior Advocate Arvind Datar, representing the petitioners, argued that the definitions of “unlawful association,” “unlawful activity,” and “disaffection” in the UAPA are overly broad and arbitrary. “Courts have repeatedly held that if a definition is over-broad, then it smacks of manifest arbitrariness, and it is liable to be struck down,” Datar contended.
The petition also highlighted troubling statistics, noting that since 2014, 89% of UAPA cases remain pending, and the conviction rate stands at a mere 5%. However, the Court sought clarity on whether specific instances of misuse against journalists were cited in the plea.
“We don’t want to do it on any hypothesis,” Chief Justice Manmohan stated, adding that real-world examples are essential to evaluate the alleged misuse.
Datar assured the Court that examples would be provided and pointed to the stringent bail provisions under the UAPA. He argued that while the law justifiably targets individuals working against the interests of the nation, it has also been disproportionately applied to journalists. “I will show case after case where a journalist is [booked],” he added.
The petition also referenced similar challenges to the UAPA being entertained by the Bombay and Gauhati High Courts.
The Bench adjourned the matter to December 11, granting the petitioners time to file an additional affidavit detailing cases of alleged abuse.
