In recent times, there has been a growing concern over the violation of due process of law by police and investigative agencies, despite the constitutional courts emphasizing the importance of following legal procedures. This issue has been highlighted through various cases where individuals have been booked under stringent laws like the Prevention of Money Laundering Act, Unlawful Activities Prevention Act, and other preventive detention legislations.
One such case that sheds light on the need for adherence to due process is the recent judgment in the case of Jalaluddin Khan vs. Union of India. The apex court bench reiterated 8-point prepositions for considering the bail plea of an accused, as first identified in the NIA v. Zahoor Ahmad Shah Watali judgment. These prepositions include the meaning of „prima facie true,“ the degree of satisfaction at different stages of the case, the necessity of reasoning, and the analysis of the material as a whole.
The court, in this case, granted bail to Jalaluddin, who was accused by the NIA of renting out his property to a member of the Popular Front of India and participating in their activities. The court found that there was no specific material to show his involvement in unlawful activities as defined in the UAPA. It also noted that there was no evidence of his affiliation with a terrorist gang and clarified that PFI is not a terrorist organization under the UAPA.
Moreover, the court highlighted discrepancies in the witness statements attributed by the NIA in the chargesheet and emphasized the need for fairness in the investigation process. The judgment reiterated the principle that „bail is the rule and jail is an exception,“ and emphasized that courts should not deny bail in deserving cases as it would violate Article 21.
However, despite court orders granting bail to individuals, there have been instances where police and investigative agencies have circumvented due process and subverted judicial outcomes. For example, in the case of Kashmiri Lawyer Zahid Ali, the Jammu and Kashmir High Court quashed multiple detention orders against him, but he was rearrested in a separate UAPA case linked to a previous incident.
Similarly, in the case of Delhi CM Arvind Kejriwal, the CBI arrested him on a new case even after he had obtained interim bail in a previous case. His lawyer criticized the arrest as an „insurance arrest“ to prevent his release from jail.
These cases underscore the importance of upholding due process of law and ensuring that legal procedures are followed diligently by law enforcement agencies. It is crucial for the investigative machinery to act fairly and transparently to uphold the principles of justice and protect the rights of individuals accused of crimes.
