Asaduddin Owaisi, president of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), has strongly criticised the Congress party for amendments made to the Unlawful Activities (Prevention) Act (UAPA) during the UPA regime, saying they have led to prolonged detention of undertrial prisoners. He cited recent cases, including that of Umar Khalid and Sharjeel Imam, whose bail applications were denied by the Supreme Court, as evidence of how these amendments make it difficult for accused individuals to secure temporary release.
Owaisi argued that the legal provisions under UAPA, particularly those introduced by the UPA government, grant investigative agencies extended powers and restrict judicial discretion, resulting in prolonged imprisonment even before trial. “The Congress government brought changes that allow extended detention without bail, and today we see the consequences in cases like Umar Khalid and Sharjeel Imam,” he said.
The AIMIM chief stressed that under UAPA, the burden of proof lies heavily on the accused, making it extremely challenging for individuals facing charges to obtain bail. He pointed out that while preventive and security measures are necessary for national security, the current framework can be misused, leading to violation of basic legal rights and prolonged incarceration of undertrial prisoners.
Owaisi’s comments come amid heightened debates on the use of UAPA in high-profile cases, especially those involving student activists and political dissenters. Critics argue that provisions such as the denial of anticipatory bail or extended detention under UAPA have led to several instances where individuals remain imprisoned for long periods without trial.
He also urged for legislative reforms to balance national security interests with civil liberties. Owaisi called on policymakers to review amendments that make it difficult for accused individuals to seek judicial relief, and to ensure that the legal framework does not lead to misuse against political opponents or activists.
Legal experts have noted that while UAPA is intended to combat terrorism and unlawful activities threatening the state, its broad provisions, combined with stringent bail conditions, have often resulted in undertrials remaining in jail for extended periods. The Supreme Court has repeatedly highlighted the need for fair and timely trials, but Owaisi and other critics argue that without changes to the law, prolonged detention will continue.
The AIMIM chief’s remarks have intensified discussions on the need to review UAPA’s provisions introduced by previous governments, particularly in balancing security and human rights concerns. Advocates for reform emphasise that while state security is paramount, safeguarding the rights of undertrial prisoners is equally critical to upholding the principles of justice.
