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ATUL SREEDHARAN, MOHAMMAD YOUSUF WANI
Khursheed Ahmad Lone – Appellant
Versus
Union Territory Through Police Station Anantnag (Home Department) – Respondent
JUDGEMENT
ATUL SREEDHARAN, J.
1. The present appeal has been filed by the appellant, who is aggrieved by the Order dated 12th September, 2023, passed by the Special Judge (Designated Court under NIA), Anantnag, in a case arising from FIR No. 87/2013 registered at Police Station, Anantnag, for offences, inter alia, under Sections 13(1)(B), 18,20,23,40 of the Unlawful Activities (Prevention) Act. (for short "UAP Act"). By the said order, the appellant's bail application was rejected.
2. Before adverting to the facts of the case, this court feels it essential to note down the procedure that has been followed by the Jammu and Kashmir Police while investigating this case. The FIR was registered on 7th April, 2013. On 10th April, 2013, the appellant herein was arrested along with co-accused persons including Tariq Ahmad Shah. While the appellant was in custody as an under trial, the Union Territory government, on 23rd May, 2013, placed the appellant under preventive detention under the Public Safety Act, which order was challenged by the appellant before this Court, which quashed the order of detention vide its judgement dated 29th October, 2013. After the order of detention is quashed, the
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Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
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