UAPA can’t be applied to localised violence, says Calcutta High Court

Soumyadip Mullick, MP, 28 Aug 2025, Kolkata: The Calcutta High Court has held that the provisions of the Unlawful Activities (Prevention) Act (UAPA) cannot be stretched to cover incidents of localised violence unless such acts directly threaten the unity, integrity, security, or sovereignty of India. 

The court observed while granting bail to a man accused in a case involving crude bombs and gang-related clashes. The bench, comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi noted that though large numbers of crude bombs were recovered and witnesses had implicated the accused in gang warfare, the material in the case diary did not suggest any threat to the country’s security or sovereignty. 

“All forms of public disorder cannot be classified as threatening the safety and security of the nation. Distinction has to be drawn between public disorder calculated to endanger national security and disorder of a purely local significance,” the court observed. 

The case stemmed from a bomb blast in January 2022 in Murshidabad district, after which police recovered 75 live bombs from the spot, followed by further recoveries on the basis of statements made by those arrested. 

The National Investigation Agency (NIA) later took over the probe and filed a chargesheet against seven persons, including the appellant, under provisions of the Indian Penal Code, the Explosive Substances Act, and UAPA. 

The High Court found that while the accused was allegedly involved in procuring explosives and using them to intimidate villagers, there was no evidence to suggest he was engaged in activities threatening India’s unity or sovereignty. 

The judges also recorded that the accused had earlier been granted bail in 2022, which was later cancelled when UAPA provisions were added, but during that period, there was no allegation of misuse of liberty. 

Granting bail, the court directed the accused to furnish a bond of Rs 50,000 with two sureties, one of whom must be local. He has been barred from entering the jurisdiction of the local police station except for attending trial and has been asked to regularly appear before the trial court, not tamper with evidence, and not intimidate witnesses.