Mansur Ali Released on Bail After Prolonged Detention Without Trial Completion; Court Cites Constitutional Rights and Parity
In a significant judgment delivered by the Calcutta High Court, Mansur Ali, who faced charges under the Unlawful Activities (Prevention) Act (UAPA), has been granted bail despite the statutory restrictions posed by Section 43D(5) of the Act. The decision, rendered by a division bench comprising Justices Arijit Banerjee and Apurba Sinha Ray, underscores the imperative of safeguarding constitutional rights against prolonged incarceration without trial conclusion.
The appellant, Mansur Ali, had been in custody for over two years and eight months, with the trial showing minimal progress. Out of 102 prosecution witnesses, only one had been examined partially. The court noted that indefinite detention without a foreseeable end to the trial violated the fundamental right to life and personal liberty enshrined under Article 21 of the Constitution of India.
The judgment emphasized that constitutional courts possess the jurisdiction to grant bail when trials are unlikely to conclude within a reasonable timeframe, even in the face of statutory restrictions like those under the UAPA. The bench highlighted that all co-accused in the case had already been granted bail, thereby reinforcing the principle of parity.
The court dismissed the prosecution's argument that bail should only be considered after the examination of protected witnesses, asserting that the National Investigation Agency (NIA) has the resources to ensure the protection of its witnesses. The judgment also outlined stringent conditions for bail to prevent any interference with the trial process.
This ruling reflects a broader judicial approach where constitutional rights are prioritized over statutory constraints, providing a significant precedent in cases involving national security and prolonged detention.
Bottom line:-
Bail granted to the accused under UAPA despite statutory restrictions, considering prolonged incarceration without trial conclusion, parity with co-accused, and constitutional rights under Article 21 of the Constitution of India.
Statutory provision(s): Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, Article 21 of the Constitution of India, Sections 120(B), 201, and 304 of the IPC, Sections 4, 5, and 6 of the Explosive Substances Act, 1908, Section 18 of the UA(P) Act, 1967
