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S. B. SHUKRE, G. A. SANAP
Gautam Navlakha – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT
G. a. Sanap, J. - The petitioner is one of the accused in NIa Special Case No.414/2020. The petitioner and other 14 accused have been prosecuted for the commission of the offences under sections 153(a), 505(1)(B), 117, 120-B, 121, 121-a , 124-a and section 34 of Indian Penal Code and Sections 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of Unlawful activities (Prevention) act, 1967 (for short, UaPa).
2. In this writ petition, the petitioner is seeking direction to keep him under house arrest till the completion of trial. It is the case of the petitioner that on 28.08.2018 he was taken in custody at Delhi. However, Delhi High Court stayed the arrest and directed the police to keep the petitioner under house arrest. Proceeding which led to the house arrest of the petitioner was finally terminated vide order dated 14.02.2020 passed by Hon'ble apex Court. The petitioner, therefore, surrendered to NIa on 14.04.2020. He has been in custody since then. His bail application made under section 167 of Cr.P.C. came to be rejected. Similarly, application made by him seeking anticipatory bail also came to be rejected. He again applied for bail on medical ground before the Special NIa Court.
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
The petitioners' confinement in a single cell does not amount to solitary confinement, but rather "seclusion". The petitioners' right to meet their relatives and advocates is not being violated. The ....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
Permanent bail on medical grounds overrides statutory bail restrictions when severe health conditions justify such relief.
(1) Right to personal liberty is birth right of every human being. Personal liberty is interlinked with right to life itself.(2) House arrest is also custody and forced detention. Safeguards under Ar....
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
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