‘Can’t take terror issues lightly’: Default bail in UAPA case irks Supreme Court | India News

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NEW DELHI: Frowning upon Delhi high court’s order granting default bail to an accused facing charges under the Unlawful Activities (Prevention) Act who was allegedly planning to cross the border to Pakistan for weapons training, the Supreme Court quashed the verdict and said such matters should not be taken lightly by courts as they involved terrorist activities.
A bench of Justices Vikram Nath and Rajesh Bindal said that the HC wrongly relied upon the apex court’s 1994 verdict in a TADA case and ignored its 2019 verdict in a UAPA case in which it held that extension for investigation could be granted up to a maximum period of 180 days in UAPA cases.
The accused has been charged under various provisions of Indian Penal Code, UAPA and Arms Act. He was granted default bail by the HC on grounds of delay in completing the probe.
“One more aspect to be considered is the nature of offence which involved terrorist activities having not only pan-India impact but also impact on other enemy states. The matter should not have been taken so lightly,” the bench said and directed that the accused be taken into custody forthwith.
“Provisions of Section 43D(2)(b) were considered by this court in the case of state of Maharashtra vs Surendra Pundlik Gadling and others. In the said case, the FSL report was awaited and it also required detention of the accused wherein financial details of the respondent were still being ascertained in view of the huge conspiracy spreading over a number of cities were being investigated. The high court failed to take into consideration the above judgment of 2019 relating to UAPA. It had relied upon a judgment of 1994 relating to provisions of TADA,” the bench said.

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