Supreme Court Sets Aside High Court's 'Casual' Grant of Default Bail in Terrorism Case: Emphasizes Gravity of National Security

In a significant ruling, the Supreme Court of India today overturned the Delhi High Court's decision to grant default bail to an accused in a terrorism-related case. The apex court, led by Justices Vikram Nath and Rajesh Bindal, criticized the High Court's approach as "casual" in the context of a case involving serious allegations of terrorism and national security.

The case, involving the State of NCT of Delhi vs. Raj Kumar @ Lovepreet @ Lovely, centered around the High Court's application of Section 167(2) of the Code of Criminal Procedure, 1973, granting default bail to the respondent. The Supreme Court, in its judgement, highlighted the critical nature of the offences, stating, "The matter should not have been taken so lightly," given the accused's alleged involvement in activities with "not only Pan India impact but also impact on other enemy States."

The Supreme Court's decision underscores the distinct provisions of the Unlawful Activities (Prevention) Act (UAPA) in extending the investigation period, which the High Court had overlooked. The apex court pointed out that the High Court had erred in applying the provisions of the TADA Act, which were not relevant to this case under the UAPA.

Justice Nath, in the judgement, emphasized the importance of specific reasons, such as pending sanctions and forensic science laboratory (FSL) reports, for extending the investigation period beyond 90 days under the UAPA. He remarked, "Major investigation of the case had been completed... However, for want of remaining sanctions and FSL report, some more time was required for completing the investigation."

Supreme Court set aside the High Court's order, directing that the respondent be taken into custody forthwith, if not already. This judgement is seen as a reinforcement of the judiciary's stance on the seriousness of cases involving terrorism and the necessity for meticulous judicial scrutiny in such sensitive matters.

Date of Decision: 03 January  2024

STATE OF NCT OF DELHI VS RAJ KUMAR @ LOVEPREET  @LOVELY