Court Violates Police For Lack Of Penalty Order In UAPA Case, Grants Interim Bail


A Delhi local court has granted bail to a defendant in an Unlawful Activities (Prevention) Act (UAPA) case stating that “unnecessary detention [of the accused] makes a material difference and amounts to an unjustified interference with the rights of the accused”.

The accused, Habibur Rehman, was convicted for trading counterfeit Indian banknotes. The court on Tuesday granted the defendant interim bail while noting that police were unable to produce the penalty order for the call interceptions that were crucial to the prosecution’s case.

Granting interim measures to accused Habibur Rehman in the 2021 case, Extra Sessions Judge Dharmender Rana also requested the Union Home Secretary and Special Commissioner, Delhi Police Special Cell, to d Personally review the matter regarding the missing penalty order and why it has not yet been registered.

The court said the police had filed a “very vague and summary” response stating that the “penalty order had been removed”.

ASJ Rana said the response did not specify whether the “eliminated” order referred to the copy with the special cell or the original with the Home Office.

He added that the response also did not specify under what circumstances the copy was “removed”.

“Plaintiff/Defendant Habibur Rehman’s bail application is dragging on due to the insensitivity of the investigative agency over the past few dates…In my view, every millisecond of unnecessary detention makes a substantial difference and amounts unjustified interference with the rights of the accused,” the court said in its May 17 order.

The court therefore granted provisional bail to the defendant in the form of a personal surety of ₹50,000 and two sureties each of a similar amount.

The court released the case for hearing on May 27.

Source link


Comments are closed.