NEW DELHI: Ordering a one-time measure to alleviate the plight of a large number of TADA detainees languishing in jails without trial, the Supreme Court Feb.29th, directed all designated course to adopt a lenient view in granting bail to those who were not militants or involved in disruptive activities.
While laying down guidelines for granting bail to the eligible under trials from among 5,998 accused currently facing the trial, the court said that while militants could not receive liberal treatment, the other detainees ‘who were in jail for 2 minimum five years and their trial was not likely to be completed in the next six months Could be released on bail on a bond of Rs 50,000 and a surety of the same amount, The trial court must be satisfied that by granting them bail they may not harm the lives of the complainant or his family or witnesses.
Similarly under trials “roped in” not because of any direct involvement and those found possessing incriminating articles in the notified areas could be released if they had been in Jail for three years and two years respectively, on their executing a bond for Rs 30,000 and a surety of the same amount, the Court said.
A two judge bench comprising Chief Justice A.M. Ahmadi and Ms. Justice Sujata V. Manohar said these directions “may not be applied by the designated court in exceptionally grave cases such as the Bombay blast case where a lengthy trial was inevitable considering the number of accused, number of witnesses and nature of charges, unless the court feels that the trial is being unduly delayed.”
‘They said it was in this context that it had become necessary to grant relief to those deprived of personal liberty for a considerable length of time without any prospect of trial being concluded in the near future.
“No one can justify gross delay in disposal of cases when under trials perforce remain in jail, giving rise to possible situations that may justify invocation of Article 21 (right to live in dignity),” the judges said.
Such delay also caused irreparable damage to innocent persons wrongly accused and is ultimately acquitted but remain in jail for a long period pending trial because of stringent bail conditions under TADA. They suffered severe hardships and their families may be ruined. As many as 14,446 cases involving 42,488 accused under the TADA Act. were under trial and 5,998 accused were still in jails, Over 30,350 accused have been granted bail and 6,044 were absconding, Union home ministry undersecretary R.S. Tanwar’s affidavit said, It said 6,044 accused under the Act were absconding.
While Arunachal Pradesh has 11 designated courts for 1S TADA cases, Assam has set up one court to try 2,908 cases. In Maharashtra only eight courts have been set to try 244 cases and J&K has four TADA courts to try S041 cases.
After perusing the government’s affidavit, the court passed the order on 8 public interest petition filed by the “Shaheed Welfare Association.”
Article extracted from this publication >> March 6, 1996
