Gravity of Charges and Criminal Antecedents: Supreme Court Dismisses Bail in Explosive Substances and UAPA Case, Citing '

In a significant ruling, the Supreme Court of India dismissed the Special Leave Petition for bail filed by Mazhar Khan, involved in a case under the Explosive Substances Act, 1908, and the Unlawful Activities (Prevention) Act, 1967. The judgment, passed on January 18, 2024, underlines the stringent approach of the judiciary in matters involving grave charges and prior criminal history.

Mazhar Khan had approached the apex court following the denial of his bail application by the High Court of Judicature for Rajasthan at Jaipur. His arrest on April 7, 2022, and the subsequent rejection of bail on August 16, 2023, brought this matter to national attention. The case is built on charges that include involvement in activities related to explosive substances and acts defined under various sections of the UAPA.

The bench, comprising Hon'ble Mr. Justice Hrishikesh Roy and Hon'ble Mr. Justice Prashant Kumar Mishra, heard the arguments put forth by Ms. Nitya Ramakrishnan, senior counsel for the petitioner, and Mr. K M Natraj, Additional Solicitor General of India, representing the respondents. The defense contended the inadmissibility of co-accused statements and the absence of the petitioner's overt or covert acts of terrorism. However, the prosecution emphasized the petitioner's criminal antecedents and connections with individuals covered under the UAPA provisions.

In their ruling, the justices referred to the legal precedent set in the case of National Investigation Agency Vs. Zahoor Ahmad Shah Watali, stressing the necessity for the court to be convinced of the prima facie untruthfulness of accusations for bail consideration under the UAPA. "Considering the chargesheet details, and criminal antecedents, we are of the view that bail is not merited in the present matter," the bench observed.

The court's decision to dismiss the Special Leave Petition underscores the rigorous standards applied in cases involving national security and severe criminal charges. This ruling sets a precedent for how courts may approach similar cases in the future, particularly those involving allegations under the stringent UAPA. Pending applications related to this case, if any, have also been disposed of as per the court's order.

Date of Decision: 18th January 2024

MAZHAR KHAN  VS N.I.A. NEW DELHI