Supreme Court on Thursday quashed a verdict by the Delhi High Court granting default bail to an accused facing charges under the Unlawful Activities (Prevention) Act (UAPA) and said such matters should not be taken lightly by the courts as they involved terrorist activities.The man, who was granted bail by the Delhi HC, was allegedly planning to cross the border to Pakistan for weapons training. The apex court was hearing an appeal filed by the Delhi Police against the high court’s order.
A Division Bench of Justices Vikram Nath and Rajesh Bindal observed that the conditions/reasons given under Section 43D(2)(b) of UAPA (which grants discretionary powers to a court to extend time for investigation upto 180 days on application by Public Prosecutor) stood satisfied in the case.As such, the reliance of the Delhi HC on a judgment under the Terrorist and Disruptive Activities Act (TADA) to grant default bail to the respondent, as opposed to the specific provision and judgments under UAPA, was misplaced.'The accused had been charged under the various provisions of the Indian Penal Code (IPC), 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.
TAGS: Supreme Court Delhi High Court Default Bail UAPA Case
