Hindi English Translation || Editorial || Just in case: On courts and the tenability of the Bhima Koregaon case

Just in case: On courts and the tenability of the Bhima Koregaon case

It is time the tenability (स्थायित्व, तर्कसंगतता, प्रशंसनीयता) of the Bhima Koregaon case was examined by courts

The grant (अनुदान, जारी करने, निर्गमन) of bail (जमानत) to the 82-year-old Telugu poet and activist (कार्यकर्ता), Varavara Rao, on medical grounds is a welcome (स्वागत, अभिलषित, सहमत, हार्दिक) relief to at least one of those arraigned in the controversial (विवादित, भावनात्मक, संवेदनशील) Bhima-Koregaon case under the Unlawful Activities (Prevention) Act (गैरकानूनी गतिविधियां अधिनियम). The Supreme Court has rightly ignored the arguments on behalf of (की ओर से, के हित में) the National Investigation Agency (NIA) (राष्ट्रीय जांच एजेंसी) that age is not a factor in considering grant of bail for one involved in an attempt to overthrow the democratically elected government and that his medical condition is not serious enough. It cannot be forgotten that tribal rights activist Father Stan Swamy, another octogenarian (a person who is in his/her 80s (80 to 89 years old)) who was arrested in the same case, died of poor health even while his petition for bail on health grounds was being heard. In Mr. Rao’s case, he was taken into custody in August 2018 and granted interim (अन्तरिम, अस्थायी, अल्पकालिक) bail for six months on health grounds in February 2021. The Bombay High Court had set a date for him to return to custody (हिरासत, कारावास, निरोध) after treatment, but it has been extended from time to time (समय - समय पर, कभी-कभी). Having regard (consideration, care, concern, sympathy, heed) to his age, the Supreme Court has now removed the time limit and given him regular bail, albeit (यद्यपि, हालांकि) with the conditions that he stay in Mumbai and not to get in touch (संपर्क में, संचार में) with witnesses. The Court has also taken note of (ध्यान रखना, ध्यान देना, पालन करना) the fact that (used to refer to a specific situation under consideration/discussion) the charge sheet (an official document on which a police officer enters details of the charge against a person) has been filed in the case, but the trial court (a court of law where cases are tried at first. (try means to investigate and decide (a case) in a formal trial)) is yet to frame charges. Further, there is no claim (allegation, charge, accusation) that he misused the interim bail in any way (in any manner; under any situation/conditions/circumstances).

The options of an accused to get bail under UAPA are largely (mostly, mainly, generally) limited (restricted, controlled, restrained, constrained, confined) to health grounds, because bail on merits (an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects)) is nearly impossible to get. Under this law, the accused have to demonstrate (prove, constitute/constitute proof) that the allegations (charge, accusation, claim, indictment) made against them in the police version is, prima facie (something (first impression) considered as right until proved), not true. This onerous (burdensome, difficult, tough, troublesome, stressful) condition is not easy to fulfil, especially after the Supreme Court in NIA vs Zahoor Ahmad Shah Watali ruled that while considering bail, the court should not go deep (in depth) into the material (information, evidence) against a person and must decide whether the prosecution (legal action, legal proceeding, legal case) case was true “based on the broad probabilities (prospect, expectation, chance, possibility)” of the case. However, the Supreme Court has indeed (in fact, actually, undeniably) got around this limitation by treating any long delay in holding the trial (court case, lawsuit, hearing, inquiry, litigation, judicial/legal proceedings, legal action) and violation (contravention, infringement, breach, breaking) of fundamental rights as grounds to grant bail even in UAPA cases. 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) is an off-shoot (outcome, result, effect, consequence, ramification) of disturbances that took place during a commemorative (memorial, remembrance, celebratory) event on December 31, 2017, in Pune. It was used to rope in (persuade, convince, urge (someone to take part in an activity)) lawyers and activists and build a case of an alleged 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)) plot to overthrow the government. There are credible (acceptable, trustworthy, reliable, dependable; believable, plausible, reasonable) reports that electronic evidence in the case could have been planted using spyware (a category of software which aims to steal personal or organizational information) to implicate (incriminate, embroil, enmesh) the accused. It is time the courts examined the core question whether the case itself is tenable (defensible, justifiable, defendable, supportable, sustainable, acceptable) or one fabricated (forged, falsified, fake) to corner (gain control of, gain dominance of, take over, control, dominate) some activists. The judiciary (a branch of government in which judicial power is vested; judges collectively) should not countenance (tolerate, permit, allow, admit of, approve, agree to) the prolonged (lengthy, extended, protracted, unending, unrelenting) incarceration (imprisonment, confinement, custody) of anyone in a case of doubtful validity (legal acceptability, authenticity, correctness).

Courtesy: The Hindu

Important Word List With Meaning

1.tenability (noun)

Hindi Meaning - स्थायित्व, तर्कसंगतता, प्रशंसनीयता
English Meaning - reasonableness, plausibility, believability, acceptability.

2.grant (noun)

Hindi Meaning - अनुदान, जारी करने, निर्गमन
English Meaning - issuance.

3.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.

4.activist (noun)

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

5.welcome (adjective)

Hindi Meaning - स्वागत, अभिलषित, सहमत, हार्दिक
English Meaning - pleasing, agreeable, heartening, promising, much needed.

6.controversial (adjective)

Hindi Meaning - विवादित, भावनात्मक, संवेदनशील
English Meaning - emotive, sensitive, delicate; contentious.

7.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.

8.on behalf of (phrase)

Hindi Meaning - की ओर से, के हित में
English Meaning - in the interests of, in support of, for, for the sake of, to the advantage of, on account of.

9.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.

10.interim (adjective)

Hindi Meaning - अन्तरिम, अस्थायी, अल्पकालिक
English Meaning - provisional, temporary, short-term, transitional.

11.custody (noun)

Hindi Meaning - हिरासत, कारावास, निरोध
English Meaning - imprisonment, detention, confinement, incarceration.

12.from time to time (phrase)

Hindi Meaning - समय - समय पर, कभी-कभी
English Meaning - sometimes, occasionally, now and then, periodically.

13.albeit (conjunction)

Hindi Meaning - यद्यपि, हालांकि
English Meaning - though, even though, however.

14.in touch (phrase)

Hindi Meaning - संपर्क में, संचार में
English Meaning - in contact, in communication.

15.take note of (phrase)

Hindi Meaning - ध्यान रखना, ध्यान देना, पालन करना
English Meaning - pay attention, take heed, heed, follow.

16.just in case (phrase)

English Meaning - lest, in case, for fear that, in order to avoid the risk of.

17.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.

18.ground (noun)

English Meaning - reason, factor, basis, rationale, premise.

19.arraign (verb)

English Meaning - to bring a person before a court of law to answer a charge against him/her; accuse of, charge with, prosecute.

20.overthrow (verb)

English Meaning - remove, oust, topple, bring down, dethrone.

21.octogenarian (noun)

English Meaning - a person who is in his/her 80s (80 to 89 years old).

22.regard (noun)

English Meaning - consideration, care, concern, sympathy, heed.

23.the fact that (phrase)

English Meaning - used to refer to a specific situation under consideration/discussion.

24.charge sheet (noun)

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

25.trial court (noun)

English Meaning - a court of law where cases are tried at first. (try means to investigate and decide (a case) in a formal trial).

26.frame (verb)

English Meaning - form, work out, articulate.

27.claim (noun)

English Meaning - allegation, charge, accusation.

28.in any way (phrase)

English Meaning - in any manner; under any situation/conditions/circumstances.

29.largely (adverb)

English Meaning - mostly, mainly, generally.

30.limited (adjective)

English Meaning - restricted, controlled, restrained, constrained, confined.

31.merits (noun)

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

32.demonstrate (verb)

English Meaning - prove, constitute/constitute proof.

33.allegation (noun)

English Meaning - charge, accusation, claim, indictment.

34.prima facie (adverb/adjective)

English Meaning - something (first impression) considered as right until proved.

35.onerous (adjective)

English Meaning - burdensome, difficult, tough, troublesome, stressful.

36.deep (adjective)

English Meaning - in depth.

37.material (noun)

English Meaning - information, evidence.

38.prosecution (noun)

English Meaning - legal action, legal proceeding, legal case.

39.probability (noun)

English Meaning - prospect, expectation, chance, possibility.

40.indeed (adverb)

English Meaning - in fact, actually, undeniably.

41.get around (phrasal verb)

English Meaning - tackle a problem successfully; overcome, surmount, prevail over, triumph over, get the better of.

42.trial (noun)

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

43.violation (noun)

English Meaning - contravention, infringement, breach, breaking.

44.Part III Rights/Fundamental Rights (noun)

English Meaning - The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual’s liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

45.off-shoot (noun)

English Meaning - outcome, result, effect, consequence, ramification.

46.commemorative (adjective)

English Meaning - memorial, remembrance, celebratory.

47.rope in (phrasal verb)

English Meaning - persuade, convince, urge (someone to take part in an activity).

48.alleged (adjective)

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

49.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).

50.credible (adjective)

English Meaning - acceptable, trustworthy, reliable, dependable; believable, plausible, reasonable.

51.spyware (noun)

English Meaning - a category of software which aims to steal personal or organizational information.

52.implicate (verb)

English Meaning - incriminate, embroil, enmesh.

53.tenable (adjective)

English Meaning - defensible, justifiable, defendable, supportable, sustainable, acceptable.

54.fabricated (adjective)

English Meaning - forged, falsified, fake.

55.corner (verb)

English Meaning - gain control of, gain dominance of, take over, control, dominate.