9911796707
TMI Blog1996 (2) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... urnished with the Statewise numbers of Designated Courts constituted under TADA. In the affidavit filed on behalf of the Union of India by Shri A.K. Shrivastava, Deputy Secretary to the Government of India, Ministry of Home Affairs, New Delhi, a statement is annexed showing live cases under TADA and the number of Designated Courts in different States and Union Territories. The statement is as follows : Sr.No. Name of State/UT No. of live cases under TADA No. of Designated courts (1) (2) (3) (4) 1. Andhra Pradesh 1937 61 2. Arunachal Pradesh 15 11 3. Assam 2908 1 4. Bihar 4 35 5. Gujarat 72 18 6. Haryana 118 8 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the Union of India by Shri R.S. Tanwar, Under Secretary to the Government of India, Ministry of Home Affairs, New Delhi, shows that in respect of 14446 cases under investigation and pending trial in the various States of the country, the detentions involved are 42488, out which the number of persons actually arrested and under detention is 5998. Those released on bail are 30357, and those absconding and yet to be arrested are 6044. This is after taking into account the cases which were reviewed by the State Review Committees, and were either withdrawn or where charges under the provisions of TADA were dropped. The total number of cases so reviewed comes to 9203 and the number of persons discharge form TADA provisions are 7968. 3. The National Human Rights Commission has also furnished a statement showing the position of TADA detenus in jail as on 30.6.1995. While the Statewise figures given by it do not tally with the figures given by the Union of India, the total number of undertrials in jail according to the National Human Rights Commission is 6000, (after taking into account its corrections for Assam, Punjab and Rajasthan) which is close to the figure of 5998 given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nated Courts even in cases where a chargesheet has been filed and the cases are ready for trial. We are conscious of the fact that even the trial of ordinary criminal cases does take some time because of the courts being overloaded with work and the concept of a speedy trial in the case of TADA cases must be viewed in the context of pendency in relation to criminal trials also. But when the release of undertrials on bail is severely restricted as in the case of TADA by virtue of the provisions of Section 20(8) of TADA, it becomes necessary that the trial does proceed and conclude within a reasonable time. Where this is not practical, release on bail which can be taken to be embedded in the right of a speedy trial may, in some cases, be necessary to meet the requirements of Article 21. 7. It was on this basis that in the case of Supreme Court legal Aid Committee Representing Undertrial Prisoners v. Union of India and Ors. MANU/SC/0877/1994 : (1994)6SCC731 , this Court considered similar provisions restricting the grant of bail under Narcotic Drugs and Psychotropic Substances Act, 1985 and directed release of undertrials on bail in certain situations and subject to the terms and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho remain in jail for a long period pending trial because of the stringent provisions regarding bail under TADA. They suffer severe hardship and their families may by ruined. 10. Bearing in mind the nature of the crime and the need to protect the society and the nation, TADA has prescribed in Section 20(8) stringent provisions for granting bail. Such stringent provisions can be justified looking to the nature of the crime, as was held in Kartar Singh's case (supra), on the presumption that the trial of the accused will take place without under delay. No one can justify gross delay in disposal of cases when undertrials perforce remain in jail, giving rise to possible situations that may justify invocation of Article 21. 11. These competing claims can be reconciled by taking a pragmatic approach. 12. The proper course is to identify from the nature of the role played by each accused person the real hardcore terrorists or criminals from others who do not belong to that category; and apply the bail provisions strictly in so far as the former class is concerned and liberally in respect of the latter class. This will release the pressure on the courts in the matter of priori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eive liberal treatment. Cases of undertrials falling in group (b) would have to be differently dealt with, in that, if they have been in prison for five years of more and their trial is not likely to be completed within the next six months, they can be released on bail unless the court comes to the conclusion that their antecedents are such that releasing them may be harmful to the lives of the complainant, the family members of the complainant, or witnesses. Cases of undertrials falling in groups (c) and (d) can be dealt with leniently and they can be released if they have been in jail for three years and two years respectively. Those falling in group (b), when released on bail, may be released on bail of not less than Rs. 50,000 with one surety for like amount and those falling in groups (c) and (d) may be released on bail on their executing a bond for Rs. 30,000 with one surety for like amount, subject to the following terms : (1) the accused shall report to the concerned police station once a week; (2) the accused shall remain within the area of jurisdiction of the Designated Court pending trial and shall not leave the area without the permission of the Designated Court; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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