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Supreme Court: Someone cannot be Imprisoned indefinitely on National Security concerns

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Prison Arrest Jail law insider

Ambika bhardwaj

Published On: January 25, 2022 at 18:58 IST

The Supreme Court, emphasising the “Bail, not Jail” Judicial Philosophy, said on Monday that no one can be imprisoned indefinitely with an open-ended investigation by Probe Agencies based on a speculative fear that Accused’s actions may incorporate a larger conspiracy that could jeopardise National Security.

This remark was made by a Bench of Justices DY Chandrachud and Dinesh Maheshwari while giving Bail to Md Enamul Haque, the alleged prime Accused in the trans-border cattle smuggling Case in which the Central Agency also arrested a BSF commandant for his alleged involvement in the smuggling activities.

Further, it was suspected that its proceeds were allegedly paid to political parties and local administration officials.

Senior Advocate Mukul Rohatgi, who represented Haque stated that the CBI lodged a Chargesheet in the alleged cattle-smuggling Case on February 6, 2021 and it was followed by a supplementary chargesheet on February 21.

Further, it was stated by him that the Accused BSF Commandant, as well as other Accused, were also given Bail, but the Calcutta High Court had denied Haque’s Bail Plea despite the fact that he had been in Jail for more than one year for an Offence that has a maximum penalty of seven years imprisonment.

The Court gave Bail to Haque, stating that his continued Detention was not Warranted.