Every millisecond of unnecessary detention interferes with accused's rights: Delhi court grants interim bail to UAPA accused

Every millisecond of unnecessary detention interferes with the rights of the accused, a Delhi court remarked while allowing interim bail to a terror accused [State v. Sheikh Sehzad & Anr]..Additional Sessions Judge Dharmender Rana invoked Article 21 (right to life and personal liberty) of the Constitution, highlighting that it proscribes deprivation of liberty without the authority of law.“In my considered opinion, every millisecond of unnecessary detention makes a substantial difference and tantamount to an unwarranted interference with the rights of the accused,” the order underlined..The case carried charges under Sections 15 [1] (a), [iii] (a) and 16 of the Unlawful Activities (Prevention) Act (UAPA). The provisions deal with terrorist acts and circulating counterfeit currency; Section 16 prescribes the punishment.The accused was alleged to be a member of a crime syndicate involved in trading in Fake Indian Currency Notes (FICN), and his complicity was shown by the investigating agency from the intercepted conversation between him and a co-accused..From the record, the Court noted that no sanction order with respect to the alleged interception was brought on record by the prosecution.Though a communication addressed to the nodal officer by the Deputy Commissioner of Police (DCP) (Special Cell) making a mention of the sanction order of the Union Home Secretary was available on record, the order itself said to have been passed in December 2020, was not there..‘Sketchy Reply’.Judge Rana said that it was not clear from the reply by the Police why the copy of the sanction order in question was not placed on record.“For the past two dates, the matter is being adjourned by this court for want of that sanction order. Now today, a very hazy and sketchy reply has been filed on record on behalf of assistant commissioner of police (ACP), Special Cell, intimating the court that the said sanction order has been weeded out,” the court observed..The Court also said that it was not clear from the reply as to what communication, if at all any, was received from the office of Union Home Secretary confirming the weeding out of the said sanction order. "The reply filed by ACP, Special Cell, unfortunately, raises more queries to be answered rather than help the court resolve the issue with respect to the said sanction order,” it noted..The bail application was stated to be lingering on due to the “callousness” of the investigating agency for the past several dates.Without going into merits and dealing with the statutory bar of 43D of the UAPA, the court stressed the “sacrosanct” rights of the accused..“This court is required to deal with the sacrosanct right of liberty coupled with the golden principle of presumption of innocence juxtaposed against the seriousness of allegations, enormity of charge and statutory bar under Section 43D of UAPA. This court is not inclined to pass any orders on merits upon the basis of half-baked information furnished by the investigating agency, at the same time, the court is quite conscious of the sacrosanct rights of the accused,” it outlined..The Court, consequently, directed the Union Home Secretary to look into the matter and inform about the status of the sanction order. Besides, the special commissioner of the Delhi Police’s Special Cell was asked to apprise it about the circumstances in which the copy of the sanction order was weeded out ,and why the same was not placed on record along with the chargesheet..While allowing interim relief to the accused, the Court clarified, “The instant interim bail order should not be read as an order on merits and the applicant/accused Habibur Rehman shall not claim any benefit on account of this order as this order is only an interim measure to contain the damages on account of investigative agency’s apathy and indolence.”.Additional Public Prosecutor Irfan Ahmed appeared for the State while advocate Sadhna Bhatia represented the accused..[Read Order]