SC grants bail to man booked under UAPA as chargesheet not filed within stipulated period
New Delhi (PTI): Taking serious exception to a man being jailed for two years without commencement of trial for allegedly possessing counterfeit currency notes, the Supreme Court on Friday granted bail to him saying he cannot be jailed for an indefinite period.
Terming the custody as "illegal", a bench of Justices Vikram Nath and Sandeep Mehta pulled up the Assam Police for not filing the chargesheet within the statutory period under the Unlawful Activities (Prevention) Act, 1967 (UAPA). It said the maximum period for filing a chargesheet after 90 days can be extended to 180 days under the law with the permission of the court.
"Whatever be the stringent provisions under UAPA, the law does not provide for illegal custody. This is appalling.
"For two years, you did not file the chargesheet and the man has been in custody? This is, in fact, illegal custody. You consider yourself to be the premier investigating agency of the country?" the bench told the counsel appearing for the Assam government.
The counsel said that the accused, Tonlong Konyak, was actually a Myanmar citizen and was found to be in the possession of counterfeit Indian currency and was booked in numerous cases.
The bench noted that he was granted default bail in two other cases where chargesheet was not filed within the stipulated period and pointed out that under section 43D of the UAPA, the time for filing a chargesheet can be extended by express order of the court to a maximum of 180 days.
Justice Mehta asked the counsel what prevented the police from filing the chargesheet and said it was a case of default bail.
The counsel said that there were other co-accused in the matter, who are absconding.
"You cannot keep a person in custody for an indefinite period. If the chargesheet is not filed within the stipulated period under the law, he has to be granted default bail," Justice Mehta said.
While granting the accused bail, the bench said, "In the present case, the custody of the petitioner has continued for more than two years and hence, by no stretch of imagination can the same be said to be legal."
According to the prosecution, Konyak was arrested in the case on July 23, 2023 by the Assam Police while allegedly being in possession of counterfeit Indian currency notes of Rs 3.25 lakh.
The top court noted that in the present case, Konyak was taken into custody in July, 2023 by a production warrant and the chargesheet was filed only on July 30 this year.
On December 20, last year, the Gauhati High Court refused to grant him bail in the case while noting that he had entered India illegally and was not entitled to default bail in terms of section 43D(7) of UAPA.
It said that the accused did not point out any exceptional circumstances to justify release on bail.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
