Hindi English Translation || Editorial || On merits: On the Bhima Koregaon violence case

On merits: On the Bhima Koregaon violence case

Following the Supreme Court bail order, the Bhima Koregaon case needs a re-look

The Supreme Court order granting bail (जमानत) to activists (कार्यकर्ता) Vernon Gonsalves and Arun Ferreira demonstrates how even under a stringent (strict, severe, extreme, rigorous) anti-terrorism law, denial of bail need not be the norm (आदर्श, मानक), and a preliminary assessment can lay bare the weaknesses of a police case. It is difficult for someone arrested under serious provisions (प्रावधान) of the Unlawful Activities (Prevention) Act (UAPA) (गैरकानूनी गतिविधियां अधिनियम) to get bail. Under Section 43D(5), no court can grant bail if there are reasonable grounds (reason, cause, basis, factor) to believe the accusation (आरोप, अभियोग) is true. Apart from this, an apex court judgment in 2019 holds ((of a court) rule, decide) that there cannot be a detailed analysis of the evidence at the bail stage, and bail must be decided only on the “broad probabilities (संभावना, अनुमान)” of the case. In this backdrop (पृष्ठभूमि, स्थिति), it is quite significant that the Supreme Court has now granted bail to Mr. Gonsalves and Mr. Ferreira on merits (गुण). In the Court’s analysis, there is a clear debunking (exposure, revelation, contradiction, invalidation, negation) of the case. Apart from the absence of any evidence that the accused (आरोपी, संदिग्ध व्यक्ति) were part of a conspiracy (unlawful plan, intrigue, collaboration/deception), the Court has noted that the letters in which they were mentioned contained only third-party responses and none was recovered from them. In a telling (revealing, significant, important, striking, strong, compelling, meaningful) comment, the order says, “Mere participation in seminars by itself (alone, all alone, singly, separately) cannot constitute (be equivalent to, be tantamount to, be regarded as, amount to, represent) an offence (crime, illegal/unlawful act, wrongdoing) under the bail-restricting Sections of the 1967 Act (UAPA), with which they have been charged (accuse, take to court, bring an action against, take legal action against).”

This is the first time in the Bhima Koregaon violence case, in which activists and lawyers were arrested in 2018 on the charge of being part of a Maoist (a follower of Maoism (it originated in China as a form of communist theory derived from the teachings of Chinese political leader Mao Zedong)) conspiracy, a court has recorded (दर्ज करना) a finding (निष्कर्ष) that the accusations may not be true. Among those arrested in this case, lawyer Sudha Bharadwaj was released on “default bail (As per law, once the maximum period, that is, 60, 90 and 180 days from arrest, provided for an investigation in a case is over and no charge sheet is filed, the accused becomes entitled to be released on bail, which is called the ‘default’ bail)”, that is due to the charge sheet (आरोप-पत्र) against her not being filed within the stipulated (specified, defined) time, and Telugu poet Varavara Rao got the benefit of bail on medical grounds. Writer and scholar (academic, intellectual, learned person; clever person, intellect) Anand Teltumbde was released by the Bombay High Court, holding that it could not be presumed (मानना, अनुमान करना) that he had received funds from a co-accused, while Father Stan Swamy died in prison. In the latest order, a two-judge Bench (a court of law with a number of judges) has now found that the letters and witness statements, relied on by the NIA to claim (assert, affirm, profess, declare, allege, avow) that Mr. Gonsalves and Mr. Ferreira were part of a conspiracy and recruitment of persons to commit terrorist acts, are of weak probative (affording proof; providing evidence) value and quality. It is no surprise that (it is expected) many sweeping (extensive, profound, radical, comprehensive, all-embracing) claims (assertion, profession, affirmation, avowal, allegation) by the prosecution (the party instituting legal proceedings against someone in a case) in this case wilt (lose energy, feel faint, diminish/weaken) under judicial scrutiny (examination, inspection, investigation). There are also reports that some of the purported (alleged, claimed, professed, reported) evidence may have been remotely (away from a location by using information/communication technology) planted (secretly place, put, fix) on computers used by the accused. The time has come for a comprehensive (inclusive, extensive, exhaustive, all-inclusive, all-encompassing, all-embracing, thorough, sweeping, far-reaching, widespread, broad-based, wide-ranging) evaluation of the merits of this whole case.

Courtesy: The Hindu

Important Word List With Meaning

1.merits (noun)

Hindi Meaning - गुण
English Meaning - an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects).

2.bail (noun)

Hindi Meaning - जमानत
English Meaning - conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required.

3.activist (noun)

Hindi Meaning - कार्यकर्ता
English Meaning - a person who supports a political change or cause; (or societal change/cause).

4.norm (noun)

Hindi Meaning - आदर्श, मानक
English Meaning - standard, convention, regulation.

5.provision (noun)

Hindi Meaning - प्रावधान
English Meaning - term, clause, requirement, specification, stipulation.

6.Unlawful Activities (Prevention) Act (UAPA) (noun)

Hindi Meaning - गैरकानूनी गतिविधियां अधिनियम
English Meaning - an Indian law aimed at effective prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.

7.accusation (noun)

Hindi Meaning - आरोप, अभियोग
English Meaning - allegation, charge, indictment.

8.probability (noun)

Hindi Meaning - संभावना, अनुमान
English Meaning - prospect, possibility, chance.

9.backdrop (noun)

Hindi Meaning - पृष्ठभूमि, स्थिति
English Meaning - situation, background, scenario, context.

10.the accused (noun)

Hindi Meaning - आरोपी, संदिग्ध व्यक्ति.
English Meaning - the suspected person.

11.record (verb)

Hindi Meaning - दर्ज करना
English Meaning - state officially; state publicly.

12.finding (noun)

Hindi Meaning - निष्कर्ष
English Meaning - conclusion arrived at (as a result of an inquiry).

13.charge sheet (noun)

Hindi Meaning - आरोप-पत्र
English Meaning - an official document on which a police officer enters details of the charge against a person.

14.presume (verb)

Hindi Meaning - मानना, अनुमान करना
English Meaning - deduce, conclude, reason, assume, understand.

15.National Investigation Agency (NIA) (noun)

Hindi Meaning - राष्ट्रीय जांच एजेंसी
English Meaning - The National Investigation Agency is a central agency established by the Indian Government to combat terror in India. It is functioning as the Central Counter-Terrorism Law Enforcement Agency in the country. The National Investigation Agency (NIA) is created following the terror attack in Mumbai on December 26, 2008. It came into being on December 31, 2008, with the passage of the NIA Act of 2008.

16.re-look (noun)

English Meaning - reconsideration, re-examination, re-assessment.

17.stringent (adjective)

English Meaning - strict, severe, extreme, rigorous.

18.Section 43D (5) in The Unlawful Activities (Prevention) Act (noun)

English Meaning - It is concentrated on the procedure (a legal bar) for granting bail to a person who is accused of terrorism activities.

19.ground (noun)

English Meaning - reason, cause, basis, factor.

20.hold (verb)

English Meaning - (of a court) rule, decide.

21.broad (adjective)

English Meaning - comprehensive, extensive, wide-ranging, general.

22.debunking (noun)

English Meaning - exposure, revelation, contradiction, invalidation, negation.

23.conspiracy (noun)

English Meaning - unlawful plan, intrigue, collaboration/deception.

24.telling (adjective)

English Meaning - revealing, significant, important, striking, strong, compelling, meaningful.

25.by itself (phrase)

English Meaning - alone, all alone, singly, separately.

26.constitute (verb)

English Meaning - be equivalent to, be tantamount to, be regarded as, amount to, represent.

27.offence (noun)

English Meaning - crime, illegal/unlawful act, wrongdoing.

28.charge (verb)

English Meaning - accuse, take to court, bring an action against, take legal action against.

29.Maoist (noun)

English Meaning - a follower of Maoism (it originated in China as a form of communist theory derived from the teachings of Chinese political leader Mao Zedong).

30.default bail (noun)

English Meaning - As per law, once the maximum period, that is, 60, 90 and 180 days from arrest, provided for an investigation in a case is over and no charge sheet is filed, the accused becomes entitled to be released on bail, which is called the ‘default’ bail.

31.stipulated (adjective)

English Meaning - specified, defined.

32.scholar (noun)

English Meaning - academic, intellectual, learned person; clever person, intellect.

33.bench (noun)

English Meaning - a court of law with a number of judges.

34.rely on (phrasal verb)

English Meaning - depend on, bank on; resort to, have recourse to.

35.claim (verb)

English Meaning - assert, affirm, profess, declare, allege, avow.

36.probative (adjective)

English Meaning - affording proof; providing evidence.

37.It is no surprise that (phrase)

English Meaning - it is expected.

38.sweeping (adjective)

English Meaning - extensive, profound, radical, comprehensive, all-embracing.

39.claim (noun)

English Meaning - assertion, profession, affirmation, avowal, allegation

40.prosecution (noun)

English Meaning - the party instituting legal proceedings against someone in a case.

41.wilt (verb)

English Meaning - lose energy, feel faint, diminish/weaken.

42.scrutiny (noun)

English Meaning - examination, inspection, investigation.

43.purported (adjective)

English Meaning - alleged, claimed, professed, reported.

44.remotely (adverb)

English Meaning - away from a location by using information/communication technology.

45.plant (verb)

English Meaning - secretly place, put, fix.

46.comprehensive (adjective)

English Meaning - inclusive, extensive, exhaustive, all-inclusive, all-encompassing, all-embracing, thorough, sweeping, far-reaching, widespread, broad-based, wide-ranging.