national interest paramount
Justice Sanjay Karol said in the judgment, ‘Individual freedom is not absolute. This is subject to supreme concerns like national interest, sovereignty and integrity of the country. The court said that in such cases it is necessary to strike a balance between the right to life and liberty and national security under Article 21.
The bench said that some cases, due to their nature and impact, demand a comprehensive approach and this case is directly related to national security.
‘Barbaric acts cannot be forgiven’
The Supreme Court said that every citizen has the constitutional right to protest against the policies of the government within the ambit of the law, but ‘causing a train accident by damaging the railway tracks, in which about 150 innocent citizens lost their lives, is a barbaric act and cannot be justified on any basis.’
The court also noted that the conspiracy was hatched by Maoist cadres with the aim of pressurizing the government to withdraw the security forces deployed against the Maoists in Jhargram. There was also a loss of about Rs 25 crore to government property in this incident.
Bail denied despite 12 years of imprisonment
At the same time, it was argued on behalf of the accused that they have been in jail for more than 12 years, hence they should get bail under Section 436A. Rejecting this argument, the Supreme Court said that ‘in crimes like terrorist activities, the maximum punishment can be death penalty. In such a situation, 12 years of custody cannot be made the basis of bail.
The court also mentioned the ‘reverse burden of proof’ imposed on the accused under UAPA. The court said that it is the responsibility of the trial court to provide the accused with all the documents used against them, so that they can prove their innocence. Along with this, the Supreme Court also gave instructions to quickly complete the hearing in this case which is more than 15 years old.
