The Asian Age

‘No automatic denial of bail for terror accused’

Evidence must play vital role, hints panel

- AGE CORRESPOND­ENT

The Law Commisison of India has said that there should be no “automatic denial” of bail to a person accused of being involved in terror acts.

“Mere classifica­tion of an act as an act of terrorism should not result in the automatic denial of bail or reversal of the burden of proof,” the law commission report on “Provisions relating to bail” has warned.

The panel, which advises government on legal issues, pointed to the provisions in the Unlawful Activities Prevention Act (UAPA) wherein the period of detention without bail can be extended.

It indicated that evidence against the accused should play an important role and people against whom there is shaky evidence should be granted bail before charges are pressed. The comments came in a report, submitted to the law ministry last week.

“Under UAPA, the period of detention without bail is 90 days. It likewise provides that the special court may extend the said period up to 180 days, based on the report submitted by the public prosecutor indicating the progress of the investigat­ion and the specific reasons for the detention of the person accused of an offence, beyond the said period of 90 days,” the panel said. However, the panel headed by Justice B S. Chauhan (retd) pointed out that the approach to bail under UAPA is “liberal than what was under Pota and Tada”.

There is a virtual prohibitio­n on bail for offences under Pota and Tada, the law commission report recalled. The two laws were repealed by Parliament after years of criticism of them being too harsh and violative of human rights.

The commission said “there is a necessity to impose stringent conditions while granting bail” to those accused of economic offences.

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