Bail denial for 180 days even if arrest comes before group ban

One can be denied bail for upto 180 days though the organisation the accused worked for at the time of the arrest might not have been a banned group, the Supreme Court has held.

One can be denied bail for upto 180 days though the organisation the accused worked for at the time of the arrest might not have been a banned group, the Supreme Court has held.

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Under normal circumstances, a person is entitled to grant of bail if the investigating agency fails to file chargesheet within 90 days. However, under special legislations like the Unlawful Activities (Prevention) Act, 1967 (UAPA), the accused can be denied bail upto 180 days.

A bench of justices Altamas Kabir and Cyriac Joseph passed the order while dismissing a special leave petition (SLP) filed by Redaul Hussain Khan and Mohit Hojai against whom the National Investigating Agency had filed cases for their alleged link with the Dima Halam Daogah (Joel) DHD (J), a separatist organisation in Assam.

The charge against the duo was that they were funding the activities of the DHD(J). Khan, in fact, was working as a deputy director, Social Welfare Department cum liaison officer at North Cachar Hills, Assam at the time of his arrest on May 31, 2009 by the state police.

However, the investigation was subsequently taken over by the NIA which on June 5 registered a separate FIR against them.