New Delhi: The Law Commisison of India has stated that there should be no “automatic denial” of bail to a person accused of being involved in terror acts.
“Mere classification of an act as an act of terrorism should not result in the automatic denial of bail or reversal of the burden of proof,” the law commission report on ‘provisions relating to bail’ has warned.
The panel, which advises government on legal issues, pointed to the provisions in the Unlawful Activities Prevention Act (UAPA) wherein the period of detention without bail can be extended.
It indicated that evidence against the accused should play an important role and people against whom there is shaky evidence should be granted bail before charges are pressed. The comments came in a report, submitted to the law ministry last week.
“Under UAPA, the period of detention without bail is 90 days. It likewise provides that the special court may extend the said period up to 180 days based on the report submitted by the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the person accused of an offence beyond the said period of 90 days,” the panel said. However, the panel pointed out that the approach to bail under UAPA is “liberal than what was under POTA and TADA”.
