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Authorities finding loopholes to avoid legal consequences: the thin line between bail and jail

In recent times, there has been a growing concern over the disregard for due process of law by police and investigative agencies, despite the constitutional courts emphasizing the importance of following legal procedures. This issue is particularly evident in cases where individuals are booked under stringent laws such as the Prevention of Money Laundering Act, 2002 (PMLA), Unlawful Activities Prevention Act, 1967 (UAPA), and other preventive detention legislations.

One such case that highlights the need for adherence to due process is the recent judgement in the case of Jalaluddin Khan vs. Union of India. The apex court bench reiterated 8-point prepositions for considering bail pleas of accused individuals, as first identified in the NIA v. Zahoor Ahmad Shah Watali judgement. These prepositions include the meaning of „prima facie true,“ the degree of satisfaction at different stages of the case, the importance of reasoning without detailed evaluation of evidence, and the necessity to analyze the material on record as a whole.

In the case of Jalaluddin Khan, the court granted bail to the accused after finding that there was insufficient evidence to prove his involvement in unlawful activities as defined in the UAPA. The court emphasized the need for reasonable grounds to believe that the accusations against the accused are true, and highlighted the importance of fair investigation practices by the agencies.

However, despite court orders granting bail to individuals, there have been instances where police and investigative agencies have circumvented due process and subverted judicial outcomes. For example, in the case of Kashmiri Lawyer Zahid Ali, the Jammu and Kashmir High Court quashed multiple detention orders against him, only for the police to rearrest him in a separate UAPA case linked to a previous incident.

Similarly, in the case of Delhi CM Arvind Kejriwal, the CBI arrested him on new charges even as he had interim bail in a previous case. This practice of „bail and then jail again“ raises concerns about the misuse of legal processes to keep individuals in custody.

Overall, the need for upholding due process of law is crucial in ensuring justice and fairness in the legal system. The courts play a vital role in safeguarding the rights of individuals and preventing the abuse of power by law enforcement agencies. It is essential for all stakeholders to respect and adhere to the principles of justice and fairness in every stage of the legal process.

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