Can’t keep someone in jail indefinitely over national security fears: Supreme Court [25.1.2022]

New Delhi, 25.1.2022 (Tuesday)

Can’t keep someone in jail indefinitely over national security fears: Supreme Court [25.1.2022]

Giving emphasis to "not jail" judicial philosophy, the on Monday said no person can be indefinitely kept in with an open-ended by on a conjectural apprehension that activities of an accused could involve a larger conspiracy which may prove detrimental to . This observation was made by a bench of Justices DY Chandrachud and Dinesh Maheshwari while granting bail to Md Enamul Haque, the alleged prime accused in the trans-border cattle smuggling case in which the central agency had also arrested a BSF commandant for his alleged involvement in the smuggling activities, proceeds of which were allegedly paid to political parties and local administration officials.

Appearing for Haque, senior advocate said that the CBI has filed a charge sheet in the alleged cattle-smuggling case on February 6, 2021 and followed it up with a supplementary charge sheet on February 21 last year.

He said the accused BSF commandant as well as other accused have also been granted bail but the Calcutta High Court had rejected Haque's bail plea even though he has been in jail for more than one year in an offence which prescribes a maximum punishment of seven years imprisonment. For the CBI, additional solicitor general Aman Lekhi said the petitioner is the kingpin of a racket involving BSF personnel, customs officials, local police and others for trans-border cattle smuggling through the porous Indo-Bangladesh border. He also said that Haque evaded a look out notice but he surfaced in West Bengal by reaching West Bengal through land route from Bangladesh, thus, indicating collusion by local police and raising a grave concern for national security.

25 Jan 2022