Supreme Court Dismisses SLPs, Upholds High Court’s Bail Order, and Clarifies Trial Proceedings in UAPA Case.
14 October 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
The Supreme Court of India dismissed two Special Leave Petitions (SLPs) challenging a judgment of the Jammu & Kashmir High Court. The High Court had released the respondent on bail and partly allowed a quashing petition, resulting in the quashing of charges under Section 18 of the Unlawful Activities (Prevention) Act (UAPA) and Sections 121 and 153B of the Indian Penal Code (IPC). However, the respondent was directed to face trial for the remaining charges under Section 13 of UAPA and Sections 35 and 39 of the Foreign Contribution (Regulation) Act (FCRA).
The petitioners, represented by the Solicitor General, argued that the High Court's reliance on a U.S. Supreme Court decision (Schenck vs. United States) and the discharge of the respondent from certain charges were erroneous. The Supreme Court acknowledged the merit in the petitioner's arguments but chose not to interfere with the High Court's decision, given that the respondent had been on bail for about a year and the trial had already started.
The Supreme Court clarified that the impugned judgment could not be cited as precedent in future cases, and any breach of bail conditions or failure to cooperate with the trial could result in the cancellation of the respondent's bail. Furthermore, it emphasized that the Trial Court could alter the charges at any stage of the proceedings based on the evidence, and the High Court's observations should not influence the trial's progress.
Unlawful Activities (Prevention) Act, 1967