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Polity & Governance
Mahesh

11/02/24 07:00 AM IST

Overview about UAPA

In News
  • In 2019, the Supreme Court effectively closed the window, especially for trial courts, to look at the prosecution’s case critically while granting bail in UAPA cases.
UAPA - the law
  • Section 43D (5) reads: “Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release.
  • Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.
  • The law essentially says that while relying only on the police version — the case diary and the police report — the accused must show to the court that it is unreasonable to believe the accusations are prima facie (Latin for “at first sight”) true.
  • In shifting the onus on the accused, the cardinal principle of criminal law that a person is innocent till proven guilty is upended in the alternate framework of the UAPA.
Room for bail
  • In 2019, the Supreme Court in a two-judge bench headed by Justice A M Khanwilkar ruled in Zahoor Ahmed Shah Watali v NIA, that for granting bail under UAPA, courts must not examine the evidence but only accept it at face value.
  • The Court is merely expected to record a finding on the basis of broad probabilities regarding the involvement of the accused in the commission of the stated offence or otherwise.
  • The Supreme Court in Vernon Gonsalves v State of Maharashtra, in July 2023 differed with the Watali ruling on how the “prima facie true” test would apply.
  • In our opinion, however, it would not satisfy the prima facie “test” unless there is at least surface-analysis of probative value of the evidence, at the stage of examining the question of granting bail and the quality or probative value satisfies the Court of its worth,” the bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia said while granting bail to Gonsalves.
Source- Indian Express

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