police to invoke the provisions of the unlawful activities (prevention) amendment act against the accused persons.
The city police may invoke the provisions of the Unlawful Activities (Prevention) Amendment Act (UAPA), 2008, against Abdul Nasser Madani, the 31st accused in the serial blasts case.
The police’s plan to invoke the provisions of the Act was to plug all loopholes through which the accused persons might wriggle free.
“The idea is to ensure an effective and foolproof investigation in the case. We do not want to harass anyone, but we want to put those involved in the serial blasts behind bars,” a police officer said.
All the 32 accused persons in the serial blast will face the provisions of the Act, which was amended soon after the November 2008 terror attacks on Mumbai.
Earlier, the Act was invoked only once, against the banned organisation, Students’ Islamic Movement of India (Simi).
While opposing Madani’s anticipatory bail application in the high court of Karnataka, special public prosecutor HS Chandramouli had cited section 45 of the Act.
The high court on Tuesday turned down the bail plea, on the basis of the provisions of this Act, considered to have more teeth than the now-scrapped “draconian” Prevention of Terrorism Act of 2002.
“All those who were in the know of the offence and the involvement of those revealed through any document or article or any other evidence will be punishable under this Act. The government in its part may authorise designated officers to seize any illegally acquired property,” senior advocate CV Sudhindra said, while explaining the provisions of the UAPA.
The Act also empowered investigators to extend the investigation and the court to extend the detention of those charged under the Act. “Besides this the court may also grant permission to take the person in police custody, if it deems fit,” Sudhindra said adding that it would be difficult for the accused to get bail, if charged under the Act.
Madani, the leader of People’s Democratic Party, has been staying in his native state, Kerala, after his release from a Coimbatore prison.
He had spent nine years in the prison in connection with the February 1998 serial blasts in Coimbatore, which left more than 45 persons dead, and over 200 others injured. As many as 72 persons were convicted in that case.
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