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HANEEFA S/O MUHAMMED – Appellant
Versus
UNION OF INDIA, REP. BY SUPERINTENDENT OF POLICE, KOCHI – Respondent
JUDGMENT :
K.V. JAYAKUMAR, J.
1. The appellants before us impugn the orders passed by the Special Court for the Trial of NIA Cases, Ernakulam, in S.C. No. 02/2023/NIA/KOC, dismissing the bail application preferred by them under Section 439 of the Code of Criminal Procedure, by relying on the provisions of Section 43D (5) of the Unlawful Activities (Prevention) Act, 1967 [hereinafter referred to as the “UA (P) Act”].
2. Brief facts necessary for the consideration of these appeals are as follows:
The court emphasized that in terrorism-related cases, the gravity of charges and evidence against the accused necessitate denial of bail under Section 43D(5) of the UA(P) Act.
The court may grant bail despite statutory restrictions under the UAPA if the accused's right to a speedy trial under Article 21 is infringed due to prolonged detention without reasonable trial prosp....
Prolonged pre-trial detention without trial completion justifies bail, emphasizing constitutional rights over statutory restrictions.
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
Bail cannot be granted for offences under Unlawful Activities (Prevention) Act, 1967 unless Court comes to conclusion that there is no prima facie case against accused.
The denial of bail based on serious allegations, abscondence, and the need for judicial discretion to maintain public order governs the principle of parity in bail applications.
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