Can't detain UAPA accused for long while awaiting sanction: HC

Saurabh Malik

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Chandigarh, May 18

In a significant judgment on default bail in cases under the provisions of the Unlawful Activities (Prevention) Act, the Punjab and Haryana High Court has ruled that keeping an accused in custody for long periods after conclusion of investigation just to await sanction for taking cognisance will be travesty of justice.

The Bench of Justice Harinder Singh Sidhu and Justice Lalit Batra said: “It is held that on conclusion of investigation and filing of challan, if no decision on sanction is taken and communicated within the period specified in the Unlawful Activities (Prevention) Rules, 2008, the accused ought to be released on interim bail.”

The Bench said the accused at the time of interim bail would give an undertaking that he would surrender before the court when sanction was granted.

The Bench was hearing an appeal by an accused challenging order dated November 29, 2022, whereby the Jalandhar Additional Sessions Judge dismissed his application for default bail. The appellant’s case was that the police report or challan submitted under Section 173(2), CrPC, without obtaining sanction from the competent authority could not be termed as complete report, entitling the accused to grant of default bail.

But the contention was rejected by the court after holding that a police report containing the particulars mentioned in Section 173(2) was complete. As such, the appellant was not entitled to default bail.

The appellant’s counsel, on the other hand, referred to Section 45, UAPA, to contend that a court could not take cognisance of offences under the Act without sanction of the competent authority.

The Bench asserted it was unable to agree with the contention, especially in light of a Supreme Court decision.