The Unlawful Activities (Prevention) Act, 1967 remains constitutionally valid, and legislative authority regarding preventive detention is upheld despite the non-notification of amendments.

JUDGMENT :

1) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for an appropriate writ and/or directions to declare the Unlawful Activities (Prevention) Act, 1967 (for short, “ UAPA ”) and Section 124-A of the INDIAN PENAL CODE (for short, “IPC”) as ultra virus and unconstitutional. The Petitioner has also prayed for an appropriate writ and/or directions for quashing and setting aside the Notice dated 10^th July 2020, issued by the National Investigation Agency (for short, “the NIA”) i.e. Respondent No.5 herein.

2) OVERVIEW :

2.1) The Petitioner is stated to be a self-employed citizen of India and works as a Financial Advisor and Freelancer, also doing social work in his area of residence. The Respondents are the Union of India, the National Investigation Agency as well as the State of Maharashtra.

2.2) The Petitioner is stated to belong to the Mahar community, included in the Schedule Caste in the Presidential Order issued in the year 1950 under Article 341 of the Constitution of India. Petitioner narrates the social structure in the country in the pre-constitution era, relating to the caste system prevailing in the country. He further gives a brief history of the monument built in the memory of Indian soldiers by the British Empire at Bhima Koregaon and submits that considering its history, every year in the recent past, many people come to Bhima Koregaon to pay their respects at the monument.

2.3) A brief narration of the conflict that took place at Bhima Koregaon follows relating to the Elgaar Parishad rally arranged by the Parishad on 31^st December 2018 and a function organized by Vedic Hindu Organization on 1^st January 2019 at the Samadhi of Sambhaji Maharaj, situated at less than 800 meters away from the Elgaar Paridhad rallying point. According to the information gathered by the Petitioner and the details in an Affidavit filed in the Supreme Court by the rural police in a connected matter reveals that, the organizers of the function at Sambhaji Maharaj Samadhi planned and caused an attack on innocent persons paying homage to the soldiers at the Bhima Koregaon site.

2.4) An FIR came to be registered by the police against the perpetrators of the riot, but according to the Petitioner, the Police Commissioner (Pune City) made out a false and fabricated case that, the Elgaar Parishad caused the riot and that, the Parishad had connections with the CPI (M) Group, which is a banned organization. The inquiry in the riot and the connection of Elgaar Parishad with the banned organization was transferred to the NIA, which invoked provisions of the UAPA and Section 124-A of IPC against the accused.

2.5) The thread connecting the Petitioner to the incident and giving rise to this challenge is that, pursuant to his visit to the homage site at Bhima Koregaon on 1^st January 2019, the NIA vide its Notice dated 10^th July 2020, called upon the Petitioner to appear before the Investigating Officer, in respect of the case bearing No. RC.01/2020/NIA/MUM registered on 24^th January 2020 under Sections 153A, 505(1)(B) and 117 read with 34 of IPC and Sections 13 , 16, 18B, 20 and 39 of the UAPA , 1967. Petitioner thus, assailed the constitutionality of UAPA , 1967 itself and consequently, challenged the Notice dated 10^th July 2020 issued by the NIA to him.

2.6) By an Order dated 23^rd November 2022, the Petition was admitted and Rule notice was issued.

3) Heard Mr. Prakash Ambedkar, learned counsel for the Petitioner, Mr. Devang Vyas, the former Additional Solicitor General of India and thereafter Mr. Anil Singh, the present Additional Solicitor General of India represents the Respondent Nos. 1 to 5. Mr. A. S. Shalgaonkar, learned APP alongwith