A three-judge seat led by Chief Justice of India Sanjiv Khanna said the apical tribunal cannot beryllium the tribunal of archetypal lawsuit to perceive the situation to the amendments. (Express Archive Photo/ Amit Mehra)
The Supreme Court Tuesday declined to entertain petitions challenging the amendments made to the Unlawful Activities (Prevention) Act successful 2019 and transferred the lawsuit to the Delhi High Court.
The amendments springiness the Union authorities the powerfulness to designate individuals arsenic terrorists. Under the archetypal 1967 Act, lone organisations could beryllium designated arsenic such.
A three-judge seat led by Chief Justice of India Sanjiv Khanna said the apical tribunal cannot beryllium the tribunal of archetypal lawsuit to perceive the situation to the amendments.
The CJI told the petitioner counsel Senior Advocate C U Singh: “A batch of problems arise, sometimes issues are near by your side, sometimes by the different side. Then we person to notation to a larger bench. Let it beryllium archetypal decided by High Court.”
Singh told the bench, besides comprising Justices Sanjay Kumar and K V Viswanathan, that the petition has been pending successful the Supreme Court since 2019 and that akin issues were already being adjudicated by the apical court.
As the seat insisted that the substance should beryllium archetypal heard by High Courts, Singh urged that the petition should beryllium transferred to the Delhi High Court alternatively of being disposed of.
“In our case, we are each retired eminent bureaucrats, we filed earlier the Supreme Court… we would find it inconvenient to get practice earlier different High Courts,” the petitioners submitted.
The seat allowed the request.
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The plea contended that the “conferring of specified discretionary, unfettered and unbound” powerfulness upon the Union authorities done the amendments is the “antithesis” to the Constitution’s Article 14.