Hindi English Translation || Editorial || Pique and petulance: On Sudha Bharadwaj’s bail and NIA’s appeal

Pique and petulance: On Sudha Bharadwaj’s bail and NIA’s appeal

The NIA’s appeal against Sudha Bharadwaj’s bail order reveals its bull-headedness

In filing a quick appeal (अपील, निवेदन, दर्ख़्वास्त) against the grant (अनुदान, देना, अनुमति देना) of statutory (वैधानिक, संवैधानिक) bail to lawyer-activist (कार्यकर्ता, सक्रिय प्रतिभागी) Sudha Bharadwaj, the NIA has displayed nothing but pique (मनमुटाव) and petulance (impatience, irritability, peevishness, bad temper, moodiness) over a well-reasoned (तर्कसंगत, व्यावहारिक, तार्किक) order of the Bombay High Court. The bail (जमानत) order itself is a much-delayed relief (राहत, सहायता करना), considering that the right to ‘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)’ had accrued to her as early as January 2019, on completing 90 days in prison and when there was neither a charge sheet (आरोप-पत्र, प्रभार-पत्र) nor a lawful order extending the time limit for filing it from 90 to 180 days. The High Court is right in concluding that the Sessions Court (सत्र न्यायालय) had no jurisdiction (क्षेत्राधिकार, अधिकार, नियंत्रण) to grant such an extension, and subsequently take cognisance (ध्यान में रखते, जागरूकता, सूचना) of the charge sheet filed in February 2019, when a duly constituted (गठित करना, कानून द्वारा स्थापित) Special Court under the NIA Act was already functioning in Pune. Further, the court has given the benefit of default bail — an indefeasible (inviolable, absolute, unchallengeable, unassailable) right under Section 167(2) Cr.P.C. (As per the provisions of Section 167(2) of CrPC, default bail is the right of accused. The right to seek default bail under Section 167(2) CrPC is a fundamental right and not merely a statutory right, which flows from Article 21 of the Constitution of India. It has been held to be an indefeasible part of the right to personal liberty under Article 21…) that arises when the investigating agency fails to submit its final report within the stipulated period — only to Ms. Bharadwaj, as only her application was pending at that time; while eight others had not specifically sought bail on that ground, even though they had questioned the legality of the manner in which the court had taken cognisance of the case against them. On this, case law favours the view that if one fails to seek statutory bail at the appropriate time, and a charge sheet is laid subsequently, the right to default bail is extinguished (eradicate, eliminate, wipe out, remove, put an end to).

The NIA’s appeal exemplifies (clarify, represent, illustrate (as an example)) the hard-line (uncompromising, strict, diehard, extreme, tough, inflexible) approach of the Union government in prosecuting the Bhima Koregaon case (it dates back to January 1, 2018, the day of the bicentenary (200th anniversary) celebrations of the Bhima Koregaon battle. The celebration was marred by violence leading to death of one person and injuries to several others) under the Unlawful Activities (Prevention) Act based on a dubious (suspicious, questionable, doubtful, untrustworthy) premise (reason, factor, basis, rationale) that some violent incidents that occurred in the aftermath of (in the wake of, as a consequence of, as a result of) the Elgaar Parishad (The Elgaar Parishad was an event held on 31 December 2017 to commemorate the two hundredth anniversary of the Battle of Koregaon Bhima) event, on December 31, 2017, were part of a sinister Maoist conspiracy ((unlawful) plan/plot, intrigue, collaboration/deception, collusion). A local investigation against the attack on a commemoration (a ceremony in which a person or event is remembered) event organised by Dalits transmogrified (change, alter, modify) into an anti-terrorism (counter-terrorism; actions taken to combat or prevent terrorism) probe. After convincing the Supreme Court that it was not a case of suppression of political dissent (disagreement, lack of agreement, difference of opinion, protest, opposition, disapproval), the Centre pursued (engage in, conduct, take part in, take up (an activity)) the probe vigorously (aggressively, strongly, powerfully, intensely), and got bail denied to everyone — save for a temporary respite (rest, break, interval, intermission) on medical grounds to Telugu poet-activist Varavara Rao. There is also no sign of an early trial (court case, lawsuit, hearing, inquiry, legal proceedings, proceedings, legal action). One of those held, Father Stan Swamy, succumbed (die from, pass away as a result of, be a fatality of, fall victim to (a disease or injury)) to illness exacerbated (aggravate, make worse, worsen) by prison conditions. There are reports that some of purported (alleged, supposed, claimed, professed, reported, ostensible) evidence in this case may have been planted remotely on their devices. It is unfortunate that courts seem to be considering bail only on medical grounds, and in this one case, on the ground of default. It is time they examined the merit behind the sweeping (overwhelming, complete, total, blanket, over-general) claims in the charge sheet and also took heed (pay attention to, take notice of, listen to, notice) of Supreme Court judgments that have granted bail even under UAPA if the trial is unlikely (doubtful, implausible, improbable, questionable) to be completed in the foreseeable (predictable, expected, anticipated) future.

Courtesy: The Hindu

Important Word List With Meaning

1.pique (noun)

Hindi Meaning - मनमुटाव
English Meaning - a feeling of irritation resulting from indignity/insult/injustice; annoyance, vexation, resentment, anger, hurt feelings.

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.appeal (noun)

Hindi Meaning - अपील, निवेदन, दर्ख़्वास्त
English Meaning - an application to a higher court for a decision to be reversed; reconsideration, re-examination.

4.grant (noun)

Hindi Meaning - अनुदान, देना, अनुमति देना
English Meaning - give, allow, permit.

5.statutory (adjective)

Hindi Meaning - वैधानिक, संवैधानिक
English Meaning - legitimate, permissible, allowable, acceptable.

6.activist (noun)

Hindi Meaning - कार्यकर्ता, सक्रिय प्रतिभागी
English Meaning - a person who supports a political or societal change/cause.

7.well-reasoned (adjective)

Hindi Meaning - तर्कसंगत, व्यावहारिक, तार्किक
English Meaning - practical, logical, rational, coherent.

8.relief (noun)

Hindi Meaning - राहत, सहायता करना
English Meaning - help, aid, assistance, succour (in times of hardship).

9.charge sheet (noun)

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

10.Sessions Court (noun)

Hindi Meaning - सत्र न्यायालय
English Meaning - In India, the apex court within the district dealing with criminal cases is named as “sessions court” as per the Code Of Criminal Procedure (CrPc). While the court dealing with civil cases as per the Code Of Civil Procedure is called “district court”.

11.jurisdiction (noun)

Hindi Meaning - क्षेत्राधिकार, अधिकार, नियंत्रण
English Meaning - authority, control, power.

12.cognisance (noun)

Hindi Meaning - ध्यान में रखते, जागरूकता, सूचना
English Meaning - awareness, notice, knowledge, perception.

13.take cognisance of (phrase)

Hindi Meaning - संज्ञान लेना, ध्यान देना
English Meaning - notice, attend to, take into account, give attention to.

14.constitute (verb)

Hindi Meaning - गठित करना, कानून द्वारा स्थापित
English Meaning - establish by law.

15.Code of Criminal Procedure (CrPC) (noun)

Hindi Meaning - आपराधिक प्रक्रिया संहिता
English Meaning - The Code of Criminal Procedure (in India). The main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. CrPC tells about the criminal trial procedure.

16.bull-headedness (noun)

English Meaning - stubbornness, adamancy, doggedness, self-opinionatedness.

17.National Investigation Agency (NIA) (noun)

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.

18.petulance (noun)

English Meaning - impatience, irritability, peevishness, bad temper, moodiness.

19.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.

20.accrue (verb)

English Meaning - to receive something gradually over a period of time; accumulate, gather, build up, be added.

21.duly (adverb)

English Meaning - properly, correctly, rightly, aptly, appropriately, suitably.

22.the National Investigation Agency (NIA) Act, 2008 (noun)

English Meaning - The Act makes the National Investigation Agency the only truly federal agency in the country, along the lines of the FBI in the United States, more powerful than the CBI. It gives the NIA powers to take suo motu cognisance of terror activities in any part of India and register a case, to enter any state without permission from the state government, and to investigate and arrest people.

23.indefeasible (adjective)

English Meaning - inviolable, absolute, unchallengeable, unassailable

24.Section 167(2) Cr.P.C (noun)

English Meaning - As per the provisions of Section 167(2) of CrPC, default bail is the right of accused. The right to seek default bail under Section 167(2) CrPC is a fundamental right and not merely a statutory right, which flows from Article 21 of the Constitution of India. It has been held to be an indefeasible part of the right to personal liberty under Article 21…

25.stipulated (adjective)

English Meaning - specified, defined.

26.sought past tense of seek (verb)

English Meaning - ask for, request, appeal to.

27.ground (noun)

English Meaning - reason, cause, basis, factor.

28.lay (verb)

English Meaning - arrange, organize, prepare.

29.extinguish (verb)

English Meaning - eradicate, eliminate, wipe out, remove, put an end to.

30.exemplify (verb)

English Meaning - clarify, represent, illustrate (as an example).

31.hardline (noun)

English Meaning - uncompromising/strict commitment or compliance to a policy.

32.hard-line (adjective)

English Meaning - uncompromising, strict, diehard, extreme, tough, inflexible.

33.prosecute (verb)

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

34.Bhima Koregaon case (noun)

English Meaning - it dates back to January 1, 2018, the day of the bicentenary (200th anniversary) celebrations of the Bhima Koregaon battle. The celebration was marred by violence leading to death of one person and injuries to several others.

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

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.

36.dubious (adjective)

English Meaning - suspicious, questionable, doubtful, untrustworthy.

37.premise (noun)

English Meaning - reason, factor, basis, rationale.

38.aftermath (noun)

English Meaning - consequences, after-effects, repercussions; end result, outcome.

39.in the aftermath of (phrase)

English Meaning - in the wake of, as a consequence of, as a result of.

40.Elgaar Parishad (noun)

English Meaning - The Elgaar Parishad was an event held on 31 December 2017 to commemorate the two hundredth anniversary of the Battle of Koregaon Bhima.

41.sinister (adjective)

English Meaning - disturbing, menacing, threatening, alarming.

42.conspiracy (noun)

English Meaning - (unlawful) plan/plot, intrigue, collaboration/deception, collusion.

43.commemoration (noun)

English Meaning - a ceremony in which a person or event is remembered.

44.transmogrify (verb)

English Meaning - change, alter, modify.

45.anti-terrorism (noun)

English Meaning - counter-terrorism; actions taken to combat or prevent terrorism.

46.suppression (noun)

English Meaning - repression, clampdown, crackdown, restriction, crushing, quelling, stifling.

47.dissent (noun)

English Meaning - disagreement, lack of agreement, difference of opinion, protest, opposition, disapproval.

48.pursue (verb)

English Meaning - engage in, conduct, take part in, take up (an activity).

49.vigorously (adverb)

English Meaning - aggressively, strongly, powerfully, intensely.

50.save (preposition)

English Meaning - except, except for, apart from, other than, besides.

51.respite (noun)

English Meaning - rest, break, interval, intermission.

52.trial (noun)

English Meaning - court case, lawsuit, hearing, inquiry, legal proceedings, proceedings, legal action.

53.hold (verb)

English Meaning - detain, hold in custody, imprison, put in prison, put in jail, incarcerate, lock up.

54.succumb (verb)

English Meaning - die from, pass away as a result of, be a fatality of, fall victim to (a disease or injury).

55.exacerbate (verb)

English Meaning - aggravate, make worse, worsen.

56.purported (adjective)

English Meaning - alleged, supposed, claimed, professed, reported, ostensible.

57.plant (verb)

English Meaning - put, place something secretly.

58.sweeping (adjective)

English Meaning - overwhelming, complete, total, blanket, over-general.

59.heed (verb)

English Meaning - pay attention to, take notice of, listen to, notice.

60.unlikely (adjective)

English Meaning - doubtful, implausible, improbable, questionable.

61.foreseeable (adjective)

English Meaning - predictable, expected, anticipated.