Can’t keep someone in jail indefinitely over national security fears: Supreme Court

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What is the News?

In a recent judgement, the Supreme Court has emphasised on the judicial doctrine “bail is a rule, jail is an exception”.

What was the case about? 

A person and a BSF Commandant were arrested in a trans-border cattle smuggling case. A charge sheet was filed by the CBI last year.

After this, the BSF person was granted bail by the High Court, but the other accused was not granted bail on the suspicion that he is part of a larger conspiracy that could jeopardise national security.

Read more: Explained: When can an individual get statutory bail?
What did the Supreme Court say?

The Supreme Court granted bail to the other accused person.

The court said that no one can be imprisoned indefinitely while under investigation by government agencies based on a speculative suspicion that an accused’s actions are part of a larger conspiracy that could jeopardise national security.

Must read: Issue of Bail under UAPA (Unlawful Activities Prevention Act) – Explained, Pointwise

Source: This post is based on the article ‘Can’t keep someone in jail indefinitely over national security fears: Supreme Court’ published in TOI on 25th January 2022.

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