Must adhere to timeline for grant of prosecution sanction under UAPA: Supreme Court

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”.

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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.

“There have to be certain limitations within which administrative authorities of the government can exercise their powers. Without such limitations, power will enter the realm of the unbridled, which needless to state is antithetical to a democratic society. Timelines in such cases, serve as essential aspects of checks and balances and of course, are unquestionably important,” the Bench said.