Transit bail:HC refers matter to full bench

Can transit bail be granted by court in cases registered outside its jurisdiction? asks HC

NEW DELHI: In the wake of the Supreme Court order staying the registration of FIRs, ongoing probes and coercive measures under the sedition law, all eyes will be on the fate of several high-profile cases registered under the draconian British-era law.

According to a National Crime Records Bureau (NCRB) report, a total of 356 cases of sedition — as defined under section 124A of the IPC —were registered and 548 people arrested between 2015 and 2020, out of which only six were convicted.

A 21-year-old Bengalurubased environment activist, Disha Ravi, was arrested by the Delhi Police on February 14, 2021 for allegedly creating and disseminating a "toolkit" on the farmers' protests against farm laws brought by the BJP government at the Centre.

The toolkit was tweeted by Swedish environment activist Greta Thunberg on February 3, 2021.

The Delhi Police registered an FIR against Ravi, who was working at a vegan store in Bengaluru and fighting for environment issues since her student days, under IPC sections 124A (sedition), 120-B (criminal conspiracy) and 153A (promoting enmity between different groups).

Ravi was granted bail on February 23, 2021 by a Delhi court, which stated that "the offence of sedition cannot be invoked to minister to the wounded vanity of the governments".

Additional sessions judge Dharmender Rana said citizens are "conscience keepers" of the government in any democratic nation, and they cannot be put behind the bars simply because they choose to disagree with State policies.

In 2016, a group of students from the prestigious Jawaharlal Nehru University had held a poetry session to mark the third anniversary of the hanging of 2001 Parliament attack case convict Afzal Guru. The Delhi Police later charged the then JNU student union president Kanhaiya Kumar, along with other students and union leaders, including Umar Khalid and Anirban Bhattacharya, under section 124A and other provisions of the Indian Penal Code (IPC). Three Kashmiri students, who were enrolled in the RBS Engineering College, Agra under the PM Special Scholar

MUMBAI: A division bench of the Bombay High Court has referred to its full bench the issue of whether transit bail can be granted by a court to accused in cases registered outside its jurisdiction.

The bench of Justices S S Shinde and S V Kotwal, in its order on May 5, a copy of which was made available on Wednesday, while referring to the matter said it involved the liberty of citizens, and the court would have to address difficulties faced by a probe agency and also ensure the provision (of granting transit bail) is not misused.

The court noted that the matter had to be heard and decided by a full bench, as there was a "vertical rift in the views expressed by different high courts".A single bench of Justice Revati Mohite Dere had in 2018 referred the issue to the division bench to adjudicate whether transit anticipatory bail can be granted for short duration by courts in cases registered outside its jurisdiction. The division bench on May 5 said it was an important issue that involved the liberty of citizens.

The court will have to balance the difficulties of an investigating agency. The provision can be misused either by the accused or even the complainant, the court said.

ship Scheme for the students of Jammu and Kashmir, were arrested on October 28 last year for allegedly posting a WhatsApp status praising Pakistani players after their victory against India in a T20 cricket match.

They were languishing in prison till April 26 this year even after securing bail on March 30 from the Allahabad High Court due to the non-availability of local guarantors, a high-security amount and police verification.

Some noted journalists like late Vinod Dua had to face the wrath of the draconian law for views expressed by them on social media.

Dua, in his programme on Youtube on March 30, 2020, made remarks against the government's handling of the Covid crisis, following which an FIR was registered against him by the Himachal Pradesh Police under the sedition law and other charges on a complaint by a BJP leader in Shimla.

The sedition charges were quashed by the Supreme Court which held that journalists are entitled to protection in sedition cases so long as they do not incite people to violence against the government established by law or with the intention of creating public disorder.

Kerala-based journalist Siddique Kappan was arrested by the Uttar Pradesh Police while he was on his way to report the rape case of a Dalit woman in Hathras on October 5, 2020.

The FIR against him claimed that he was going to Hathras with the intention "to breach the peace" as part of a "conspiracy".

The Special Task Force of Uttar Pradesh, in its charge sheet filed in April last year, charged eight people linked to the Popular Front of India, including its students' wing leader K A Rauf Sherif and Kappan, for sedition, criminal conspiracy,

In a given case, only with a view to harass somebody, the informant may choose to file an FIR at a faraway place in India, by showing some part of cause of action there. In such a case, the accused would require some protection to approach that court, it added.

The HC said sometimes the accused may also take undue advantage of this provision of obtaining transit bail and then buy time. Both these mischief must be checked while considering the issue, it said.

We are, therefore, of the view that the matter involves the larger interest of citizens and hence, can be more advantageously heard by a larger bench, the high court said.

Additional Solicitor General Anil Singh and Advocate General Ashutosh Kumbhakoni had argued that orders granting transit bail for a short duration cannot be passed, as legally they are not sustainable.

funding of terror activities and other offences.

Booker Prize winner writer and activist Arundhati Roy was booked under the sedition law, along with Hurriyat leader Late Syed Ali Shah Geelani and others, in 2010 for their alleged "anti-India" speech at a seminar.

Roy and others were charged under sections 124A, 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration), 504 (insult intended to provoke breach of peace) and 505 (false statement, rumour circulated with intent to cause mutiny or offence against public peace.

Student leader from JNU and IIT passout Sharjeel Imam is facing charges under the sedition law for making alleged inflammatory speeches during the protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) in 2019.

A court has framed charges against Imam, who is in judicial custody since 2020, under sections 124A, 153A (promoting enmity between different groups on grounds of religion), 153B (imputations, assertions prejudicial to national integration), 505 (statements conducing to public mischief) of the IPC, and section 13 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Activities (UAPA). As per the prosecution, Imam had allegedly made speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019, where he threatened to cut off Assam and the rest of the northeast from India. In his defence, Imam had earlier told the court that he is not a terrorist and his prosecution is a whip of a monarch rather than a government established by law.

NEW DELHI: Revenue Intelligence officers have seized 62 kgs of heroin worth Rs 434 crore at the IGI Airport air cargo complex — one of the biggest such seizures till date, the finance ministry said on Wednesday.

In an operation, codenamed 'Black & White', the Directorate of Revenue Intelligence seized 55 kgs of heroin from an imported cargo consignment, which was declared to contain 'trolley bags'.

The offending cargo, originating from Entebbe in Uganda, had arrived at the Air Cargo Complex, Indira Gandhi International (IGI) Airport, New Delhi via Dubai. Swift follow up operations in two states -- Punjab and Haryana -- led to recovery of yet another 7 kgs of the drug and Rs 50 lakh in cash.

The value of the 62 kgs seized heroin is estimated at Rs 434 crore in the illicit market.

"Continuing its crackdown on the trafficking in narcotic drugs, Directorate of Revenue Intelligence (DRI) has unearthed yet another novel modus operandi and affected seizure of 62 kg Heroin on May 10 after interdicting an air cargo consignment. This is one of the biggest seizures of Heroin till date through courier/ cargo/ air passenger modes in India," the ministry said.

The division bench on May 5 said it was an important issue that involved the liberty of citizens