New Delhi: One can be denied bail for upto
180 days though the organisation the accused worked for at the
time of the arrest might not have been a banned group, the
Supreme Court has held.
Under normal circumstances, a person is entitled to grant
of bail if the investigating agency fails to file chargesheet
within 90 days. However, under special legislations like the
Unlawful Activities (Prevention) Act, 1967 (UAPA), the accused
can be denied bail upto 180 days.
A Bench of justices Altamas Kabir and Cyriac Joseph
passed the order while dismissing a special leave petition
(SLP) filed by Redaul Hussain Khan and Mohit Hojai against
whom the National Investigating Agency had filed cases for
their alleged link with the Dima Halam Daogah (Joel) DHD (J),
a separatist organisation in Assam.
The charge against the duo was that they were funding
the activities of the DHD(J). Khan, in fact, was working as a
deputy director, Social Welfare Department cum liaison officer
at North Cachar Hills, Assam at the time of his arrest on May
31, 2009 by the state police.
However, the investigation was subsequently taken over
by the NIA which on June 5 registered a separate FIR against
them.
In the meantime, the Centre on July 9, by a notification
under the UAPA, declared the DHD(J) along with its other
factions, as an "unlawful association".
The accused moved the sessions court Kamrup, Guwahati for
bail which was rejected and the Guwhati High Court upheld the
rejection, following which the accused moved the apex court.
Senior counsel Pradip Ghosh appearing for the accused
took the plea that the accused cannot be denied bail after 90
days of arrest as the organisation was banned only on July 9,
whereas they were arrested on May 31.
He submitted that since the NIA had not filed chargesheet
within the stipulated 60-90 days as provided under 167
(2)CrPC, the accused were entitled to bail.
The Centre, however, opposed the plea and said that
though the organisation was banned subsequently, the
provisions of the Act was applied retrospectively to deny bail
upto a period of 180 days.
Agreeing with the Centre's submission, the apex court
said, "We have carefully considered the submissions made on
behalf of the respective parties and we are unable to agree
with Mr Ghosh (defence counsel) that the provisions of the
UAPA would not be attracted to the facts of the case.
"We are also unable to accept Mr Ghosh's submission that
merely because DHD(J) had not been declared as 'unlawful
association' when the petitioner was arrested, the said
organisation could not have indulged in terrorist acts or that
the petitioner could not have had knowledge of such
activities."
PTI
First Published: Sunday, November 22, 2009, 13:22