Delhi HC Calls 'Regime Change' Allegation in Riot Case 'Extraordinary'

सही उत्तर: D

Statement 1: Correct. UAPA often places a reverse burden of proof on the accused, especially in serious cases, making it harder to get bail. Statement 2: Correct. The 2019 amendment allowed the government to designate individuals as terrorists, which can be challenged later but doesn't require prior judicial review. Statement 3: Correct. Section 43D(5) of UAPA states that if the court is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true, bail shall not be granted. This is a stringent condition.

सही उत्तर: B

Statement 1: Incorrect. The right to protest is not explicitly guaranteed. It is derived from Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (right to assemble peacefully and without arms). Statement 2: Correct. In Amit Sahni v. Commissioner of Police (Shaheen Bagh case), the SC indeed stated that while the right to protest is fundamental, it cannot be exercised in a manner that causes indefinite obstruction of public ways or spaces. Statement 3: Incorrect. Article 19(3) allows reasonable restrictions on the right to assemble peacefully (19(1)(b)) in the interests of the sovereignty and integrity of India or public order. 'Morality' is a ground for restricting freedom of speech (19(1)(a)) but not specifically for the right to assemble (19(1)(b)).

सही उत्तर: D

Statement A: Correct. The Supreme Court in Kedar Nath Singh v. State of Bihar (1962) upheld the constitutional validity of Section 124A IPC, but narrowed its scope to acts involving incitement to violence or public disorder. Statement B: Correct. UAPA was enacted in 1967 to deal with unlawful associations. It was significantly amended in 2004, 2008, 2012, and 2019 to include provisions against terrorist acts and individuals. Statement C: Correct. Both laws have faced consistent criticism from civil society, legal experts, and international bodies for their broad definitions and potential for misuse against dissent. Statement D: Incorrect. The Supreme Court has not struck down Section 124A IPC. In May 2022, the SC stayed the operation of the sedition law and urged the central and state governments to refrain from registering new FIRs under it, while the government re-examines the provision. It did not strike it down.

सही उत्तर: D

Statement I: Correct. CrPC is the general law for criminal procedure, including bail. However, special laws like UAPA have specific, more stringent bail provisions (e.g., Section 43D(5) of UAPA) that take precedence over CrPC. Statement II: Correct. High Courts (and Sessions Courts) have the power to grant anticipatory bail (under Section 438 CrPC) or regular bail, even in UAPA cases. However, the conditions for granting bail under UAPA are very stringent, requiring the court to be satisfied that there are no reasonable grounds for believing the accusation is prima facie true. Statement III: Correct. The Supreme Court is the apex court and the final court of appeal in India. Its judgments, including those on bail, are binding on all other courts under Article 141 of the Constitution.