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december 2003

Supreme Court of India · 2003-12-16

PEOPLE'S UNION FOR CIVIL LIBERTIES &ANR. vs UNION OF INDIA

Citation / case number
SC 2002/9753
Court
Supreme Court of India
Petitioner
PEOPLE'S UNION FOR CIVIL LIBERTIES &ANR.
Respondent
UNION OF INDIA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Prevention of Terrorism Act, 2002 (POTA), asserting that Parliament has the legislative competence to enact laws addressing terrorism under Entry 1 of List I, distinct from mere public order issues under List II. The Court distinguished the current legislation from previous rulings, particularly Kartar Singh v. State of Punjab, 1994, affirming that acts of terrorism threaten national sovereignty and integrity, thus justifying central legislation. The Court concluded that the provisions of POTA are necessary to combat the evolving nature of terrorism, which poses significant challenges to state security and public order.

PEOPLE'S UNION FOR CIVIL LIBERTIES &ANR. vs UNION OF INDIA · Niyam