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2025 Supreme(Bom) 1056

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, NEELA GOKHALE
Anil Baburao Baile – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prakash Ambedkar with Mr. Sandesh More, Mr. Hemant Ghadigaonkar, Mr. Hitendra Gandhi, Mr. Nikhil Kamble and Mr. Siddharth Herode
For the Respondent: Mr. Devang Vyas and Mr. Anil Singh, Mr. Sandesh Patil, Mr. Chintan Shah, Mr. Sheelang Shah, Mr. Prithviraj Gole, Ms. Anusha Amin & Mr. Jalaj Prakash, Mr. A. S. Shalgaonkar, Adv

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 10th 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

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