Key Points
New Delhi: Justice Atul Sreedharan of the Jammu and Kashmir High Court spoke out of his experience to highlight the stock and copy-paste arguments by the prosecution to oppose bail of those arrested under the Unlawful Activities (Prevention) Act (UAPA)...
The main thrust of the arguments is usually on these aspects and are made without any supportive material against the accused, the judge said, adding that, such arguments psychologically overawe the court, which acknowledges them as relevant elements in UAPA while making a decision...
Despite ample opportunity from the court, the police counsel could not place an independent witnesss statement or material evidence to prima facie show Lones involvement in the case.. The learned counsel for the Union Territory has had more than an hours time to peruse the chargesheet, to pore over the statement of witnesses, but no such material has been forthcoming and so none has been placed before us, the bench noted...
Noting that such arguments can psychologically overawe the court, Justice Sreedharan said: But to be influenced by the often forceful submission of internal security of the state, and to reject a bail application where the state has utterly failed to disclose any material against the accused, which could raise a prima facie view of the involvement of the accused as charged by the state, is a sure shot recipe for miscarriage of justice...
He added that the question of internal security may be real, or bogie, by which the state attempts to sway the courts perception.. by impressing upon the court on aspects of internal/national security, and thereby try to get the court to dismiss the application for bail by contending that the imperatives of internal security demand that the accused remain incarcerated even in the absence of judicially cognisable material only because there is suspicion that the accused may be involved in the offence as charged, the judge said...
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