Bail in Counter-Terrorism Law: Legislative Embargo and Judicial Response
Bail is an issue of serious concern in the discourse of counter-terrorism law owing to the looming threat of the crime, protection of witnesses, and tampering with evidence. The bail provision provides additional restrictions for the courts in granting bail as it requires the court to prima facie determine the guilt/innocence of the accused based on the evidence in the police report and case diary. If courts entertain a reasonable belief as to the guilt of the accused on the basis of the police report and case diary, bail would be refused. Courts use judicial minimalism and avoid constitutional scrutiny while the bail mechanism under the UA(P) Act serves as a vehicle for the indefinite detention of the accused throwing the importance of expeditious trial to perpetual oblivion. The Article concludes that the statutory impediment created against bail robs the lower court of its discretion when the same is expected to serve as a first line of defence against erosion of rights.
