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.