Human Rights Defenders Data Information Knowledge Solidarity
HRDs must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues . Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document case law as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State have been using. This is a contributory effort..
Taken from BA3014-2024+.DOC
2. Briefly stated, the prosecution case runs as under: On the eve of the consecration of Lord Ram, at Ayodhya, on 21st January, 2024, Vinod Jaiswal, the first informant and his family members and relatives attended a devotional hems(bhajan) function. Thereafter, the first informant and his family members, relatives and friends proceeded for a drive in 3 to 4 four wheelers and 10 to 15 two wheelers.... When the convoy reached in front of the McDonald’s on the way to Silver Park Road, there was a huge traffic jam. They decided to return home and took a U-turn.
On the way home, they again faced huge traffic near Shivar Garden. A motorcyclist who was plying in front of the first informant took a turn towards Lodha Road. ..
3. A mob of 50 to 60 persons armed with rods, sticks, batteries and weighing scales surrounded the first informant and his associates... ...
4. The first informant lodged a report against 50 to 60 unknown persons. ... On the basis of the images captured by CCTV, the investigating agency could identify the persons, who were the members of the said unlawful assembly.
"When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. If the courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Article 21 of our Constitution," the court said. https://thewire.in/law/bail-is-the-rule-jail-exception-even-in-special-statutes-like-uapa-supreme-court
The Supreme Court on Tuesday said that “bail is the rule and jail is an exception” even under the most stringent bail conditions while granting bail to a man accused under Unlawful Activities Prevention Act (UAPA). The bench of Justices A.S. Oka and Augustine George Masih were hearing the bail plea of Jalaluddin Khan, a retired police constable from Bihar, who was accused of renting a portion of his house to alleged members of the the banned Popular Front of India (PFI).
14/08/2024
Two recent benches of the Supreme Court, in the course of one week, interpreted the bail provision under UAPA differently, resulting in inconsistent outcomes.
https://thewire.in/law/bail-under-uapa-different-supreme-court-benches-vastly-different-rulings
In an article last year, legal scholar Gautam Bhatia referred to inconsistency in bail judgments under UAPA within the same court, and in the pronouncements of the same judge within the same court. Two recent cases decided by the Supreme Court show that this inconsistency continues to be the norm, rather than an exception.
20/04/2023
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- Supreme Court PMLA Order Has Major Flaws
- Why Is Fact-Checker M Zubair's Bail Order Significant?
- Slew of important directions by SC on Bail and Arrests
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- Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार
Subcategories
BAIL
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