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The Supreme Court on Friday granted bail to civil rights activists Vernon Gonsalves and Arun Ferreira, who have been in custody for nearly five years in the Elgar Parishad-Maoist links case.

Context:  
Significantly, the Bench of Justices Aniruddha Bose and Sudhanshu Dhulia noted that there was no evidence of Gonsalves and Ferreira committing any terrorist act that would require the Court to invoke the stringent provisions against grant of bail under Section 43D(5) of UAPA.
Mere possession of literature through which violent acts may be propagated will not fall within the scope of 'terrorist act' under Section 15 of the Unlawful Activities (Prevention) Act (UAPA).

Background of Bhima Koregaon Case:  
·         A battle was fought in Bhima Koregaon between the Peshwa forces and the British on January 1, 1818.
·         The British army, which comprised mainly of Dalit soldiers, fought the upper caste-dominated Peshwa army. The British troops defeated the Peshwa army.
·         Peshwa Bajirao II had insulted the Mahar community and terminated them from the service of his army. This caused them to side with the English against the Peshwa’s numerically superior army.
·         The defeat of Peshwa army was considered to be a victory against caste-based discrimination and oppression.
·         It was one of the last battles of the Third Anglo-Maratha War, which ended the Peshwa domination.
·         Babasaheb Ambedkar’s visit to the site on January 1, 1927, revitalised the memory of the battle for the Dalit community, making it a rallying point and an assertion of pride.
·         In 2018, incidents of violence were registered during the celebration of the 200th anniversary of the Bhima-Koregaon battle.
·         The victory pillar (also known as Ransthamb) in Bhima-Koregaon village (Pune district of Maharashtra) was erected to celebrate the 202nd anniversary of the Bhima-Koregaon battle of 1818 on January 1, 2020.
  
What is Bhima Koregaon Case?
·         The Bhima Koregaon case dates back to January 1, 2018, the day of the bicentenary celebrations of the Bhima Koregaon battle. The celebration was marred by violence leading to death of one person and injuries to several others.
·         Police investigation into the incident led to the arrest of several activists who they alleged had "Maoist links". 
·         The police alleged that they funded the Elgar Parishad meeting on December 31, 2017, where inflammatory speeches were made, according to police, leading to the violence. 
·         Those arrested on August 28, 2019, included writer and poet Varavara Rao, lawyer and activist Sudha Bhardwaj, academic and activist Vernon Gonsalves, and human rights activists Arun Ferreira and Gautam Navlakha.

UNLAWFUL ACTIVITIES (PREVENTION) ACT:  
·         UAPA was passed in 1967. It aims at effective prevention of unlawful activities associations in India.
·         Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
·         The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
·       It has death penalty and life imprisonment as highest punishments.
·      Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
·         Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
·   The 2004 amendment, added “terrorist act" to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned.
·         Till 2004, “unlawful" activities referred to actions related to secession and cession of territory.
·         In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.
·         The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
·         The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

Criticism:  
·         UAPA act was against the basic fundamental rights enshrined in the Constitution of India.
·         It is against Articles 14, 19 and 21, representing the Right to Equality, Freedom of Speech and Expressions, and Right to Life, respectively.

Delhi High Court defines the contours of UAPA:  
In June 2021, delivering a judgment defining the contours of the otherwise “vague” Section 15 of the Unlawful Activities (Prevention) Act, 1967, (UAPA), the Delhi High Court laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act.

Sections 15, 17 and 18 of UAPA:  
 Section-15 engrafts the offence of ‘terrorist act’.
Section- 17 lays-down the punishment for raising funds for committing a terrorist act.
Section-18 engrafts the offence of ‘punishment for conspiracy etc. to commit a terrorist act or any act preparatory to commit a terrorist act’.

Key observations made by the court:  
·      “Terrorist Act” Should not be used lightly so as to trivialise them.
·     Terrorist activity is that which travels beyond the capacity of law enforcement agencies to deal with under ordinary penal law (Supreme Court’s decision in the case of Hitendra Vishnu Thakur).

Mains Question:
Q: UAPA act was against the basic fundamental rights enshrined in the Constitution of India- Analyse in the context of Bhima Koregaon Case?