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  • Sunday, 27 November 2022
Apex Court : Can’t Keep Someone In Jail Indefinitely Over National Security Fears

Apex Court : Can’t Keep Someone In Jail Indefinitely Over National Security Fears

Apex Court : Can’t Keep Someone In Jail Indefinitely Over National Security Fears

 

Recently, The Apex Court on 24th January, 2022 (Monday) said no person can be indefinitely kept in jail with an ended investigation by probe agencies on a conjectural apprehension that activities of an accused could involve a larger conspiracy which may prove detrimental to national security.

 

 

 

 

 

This observation was made by a bench of Justice D.Y. Chandrachud & Justice Dinesh Maheshwari while granting bail to Md. Enamul Haque, the alleged prime accused in the trans-border cattle smuggling case in which the central agency had also arrested a BSF commandant for his alleged involvement in the smuggling activities, proceeds of which were allegedly paid to political parties & local administration officials.

Appearing for Haque, senior lawyer Mukul Rohatgi said that the CBI has filed a charge sheet in the alleged cattle-smuggling case on 6th February, 2021 & followed it up with a supplementary charge sheet on 21st February, 2021 last year.

 

 

 

 

 

 

 

 

He said the accused BSF commandant, as well as other accused, have also been granted bail but the High Court of Calcutta had rejected Haque's bail appeal even though he has been in jail for more than one year in an offence that prescribes a maximum punishment of 7 years imprisonment.

He also said that Haque evaded a lookout notice but he surfaced in West Bengal by reaching West Bengal through land route from Bangladesh, thus, indicating collusion by local police & raising a grave concern for national security.

 

 

 

 

 

 

 

 

When he said investigation into a larger conspiracy is still pending, Justices Chandrachud & Maheshwari asked, "This open ended investigation is what we do not comprehend. How detaining a person indefinitely will help in probing larger conspiracy when other accused have been granted bail? Is one year & two months, for which he has been in custody, not enough for probing the larger conspiracy?"

 

 

 

 

The bench granted Haque bail saying his continued detention was not warranted.

 

 

 

 

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