Judiciary’s late intervention

The order of Bombay high court on Monday granting bail to poet Varavara Rao, an accused under the Unlawful Activities (Prevention) Act (UAPA) in the Bhima-Koregaon violence case, is a welcome intervention by the judiciary to stop state agencies from using stringent special laws to keep citizens behind bars as undertrials forever. Given his age and health condition, “sending him back to Taloja central prison would amount to endangering his life, thereby violating his fundamental right under Article

21”, the court held, and said it could not be a “mute spectator” as Mr Rao’s health deteriorated in government facilities.

While granting him bail, the court also widened the scope of the writ jurisdiction of the high court under Article 226 of the Constitution to invoke Article

21 on the right to life and offer relief to people who face the stringent sections in special laws, which make it difficult even for the courts to grant relief.

In a similar case earlier this month, the Supreme Court held that statutory restrictions should not stop constitutional courts from granting bail on grounds of violation of Part III of the Constitution. It had also asked the constitutional courts to consider the inordinate delay in the start of the trial while considering bail petitions. “Such an approach would safeguard against the possibility of provisions like Section 43-D (5) of UAPA being used as the sole metric for denial of bail or for wholesale breach of constitutional right to speedy trial,” it said.

These two orders together send a message to the law enforcement and investigating agencies that they have to use their professional excellence to get people convicted of crimes and keep them in jail instead of using provisions in special laws to do so. The courts’ resolute interventions also offer a ray of hope to hundreds of undertrial prisoners languishing in our jails due to the delay in the legal system.

Bengaluru/Chikkaballapur, Feb. 23: Six people were killed when the gelatin sticks they were trying to dispose of clandestinely exploded accidentally at a stone quarry site in a village in Chikkaballapur early Tuesday, police said.

The government has ordered a CID probe into the blast. Police said preliminary investigation indicated use of petroleum gel and Ammonium Nitrate in the quarry that was operating clandestinely and was closed a few days ago following raids.

The incident comes close on the heels of a similar blast at a quarry site in Yediyurappa’s hometown of Shivamogga on January 22, which left six dead. Karnataka health minister K. Sudhakar, who represents the Chikkaballapur constituency, visited the spot and said the bodies of the victims were badly mutilated and scattered all over the place. Prime Minister Narendra Modi tweeted his condolences to the families of the victims of the blast.

“Pained by the loss of lives due to a mishap at Chikkaballapur in Karnataka. Condolences to the bereaved families. Praying that the injured recover quickly,” he said.

Expressing shock over the incident, Chief Minister B.S. Yediyurappa said he has ordered a thorough investigation into the case and directed the officials to take stringent action against the guilty.

“A high-level investigation into the incident is underway and stringent action will be taken against the guilty,” he added. “Whoever is involved in illegal activities, we will take merciless action,” he said.

Karnataka home minister Basavaraj Bommai ordered a CID inquiry into the blast after visiting the spot.