New Delhi: The Supreme Court on Monday held that the timeline stipulated for recommendation and grant of prosecution sanction under the anti-terror law UAPA has to be strictly adhered to as without such limitations, power will enter the realm of the “unbridled” which is “antithetical to a democratic society”.
Rules 3 and 4 of the UAPA Rules provide a seven-day period within which the authority concerned has to make its recommendation on the basis of materials gathered by the investigating officer and a further seven days period for the government to grant sanction for prosecution, having considered the report of the authority, the top court said and asserted that timeline in such cases are “unquestionably important”.
A bench of Justices CT Ravikumar and Sanjay Karol ruled that the validity of prosecution sanction under the Unlawful Activities (Prevention) Act (UAPA) should be challenged at the earliest instance available before the trial court.
The Supreme Court bench, led by Justices CT Ravikumar and Sanjay Karol, ruled that any challenge to the validity of prosecution sanctions must be raised at the earliest opportunity during the trial. The bench further clarified that these regulations ensure executive power is kept in check, thus safeguarding the rights of the accused.
