If one go by the essence and spirit of our law “Bail is a rule and jail is an exception”. However, a recent development pertaining to High Court granting bail and a Sessions Court dormant on that Order, makes a common man think otherwise. Such lethargy was visible to notice in our Country’s capital, Delhi.
On 15 June, the Delhi High Court enlarged on bail three student activists who were framed under Unlawful Activities [Prevention] Act – UAPA. Wherein sureties was given by their local friends, before the Additional Sessions Judge, due to the fact that two of the students are native of Jharkhand and one from Assam.
The Trial Court, having failed to issue a release warrant to Jail Superintendent immediately upon receipt of sureties, had deferred the matter for a day. Police seized the opportunity and filed a Petition before the Trial Court that it require time to verify activists’ permanent address and also genuinity of Aadhar Card copies submitted by the local sureties. The Court adjourned the matter for further hearing stating it was “heavy board.”
In the meanwhile the activists approached the Delhi High Court and apprised of its Order was not followed by the Trial Court. The Delhi High Court in turn washed off its hands by a remark, unless any adverse Order passed by the Trial Court it will never interfere – the High Court forgetting that no order can be passed by the Trial Court by overriding former’s Bail Order.
After some sensible media took up the matter, the Trial Court, then fixed an ultimatum to the Police as follows;
“The accused is directed to be released forthwith as per Orders of Delhi High Court. Since the verification of permanent address of accused shall require sometime, let the Report to this effect be filed by IO on or before 23-06-2021 at 2.30 p.m. with the concerned court.”
The Trial Court fully aware of the fact that under UAPA the three activist students were in jail for many months. And in such case, what we don’t understand is;
- How a Court would ignore Police’s action – on what grounds those students were framed up by them under UAPA when they have not even verified their permanent resident address in all these months?
- How a Court would accept a Petition from the Police who seeks refuge to verify students’ permanent resident address at this stage?
- How a Court would be so ignorant? [a.] Having not acknowledged media reports, wherein Police ferociously airing its views against of the bail immediately upon Delhi High Court set them free. [b] And Police reported to media that it would approach Supreme Court to cancel students bail. [c] Police’s intention to drag the matter till SC takes up the case?
No crime is bigger than a crime of restraining a person with the aid of law and which shall be treated as unlawful detention.
In this case, one Court says it was overburdened and adjourned the release, another Court says it will look into the matter only upon lower Court passing any adverse Order, Police as usual seizing an opportunity to drag the release, while the poor students innocently waiting to get released at the mercy of justice delivery system, unfortunately, we have forgotten that our colonial mindset of passing buck still haunting our system! Isn’t it true?