TOPIC – Pique and petulance
In filing a quick appeal against the grant of statutory bail to lawyer-activist Sudha Bharadwaj, the NIA has displayed nothing but pique and petulance over a well-reasoned order of the Bombay High Court. The bail order itself is a much-delayed relief, considering that the right to ‘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 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 had no jurisdiction to grant such an extension, and subsequently take cognizance of the charge sheet filed in February 2019, when a duly constituted Special Court under the NIA Act was already functioning in Pune. Further, the court has given the benefit of default bail — an indefeasible right under Section 167(2) Cr.P.C. 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 cognizance of the case against them. On this, case law favors 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. The NIA’s appeal exemplifies the hardliner approach of the Union government in prosecuting the Bhima Koregaon case under the Unlawful Activities (Prevention) Act based on a dubious premise that some violent incidents that occurred in the aftermath of the Elgaar Paris had an event, on December 31, 2017, were part of a sinister Maoist conspiracy. A local investigation against the attack on a commemoration event organized by Dalits transmogrified into an anti-terrorism probe. After convincing the Supreme Court that it was not a case of suppression of political dissent, the Centre pursued the probe vigorously and got bail denied to everyone — save for a temporary respite on medical grounds to Telugu poet-activist Varavara Rao. There is also no sign of an early trial. One of those held, Father Stan Swamy, succumbed to illness exacerbated by prison conditions. There are reports that some of the purported 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 claims in the charge sheet and also took heed of Supreme Court judgments that have granted bail even under UAPA if the trial is unlikely to be completed in the foreseeable future.
Words and meanings
- Pique(noun) –A fit of feeling annoyed, offended or resentful
Synonyms – Umbrage, resentment, huff, vexation, dudgeon
Antonyms – Composure, gratification, serenity, placation, equanimity
- Petulance(noun) –The state or quality of being testy
Synonyms – Peevishness, irascibility, grumpiness, crabbiness, perversity
Antonyms – Contentment, magnanimity, placidity, bonhomie, contentment
- Cognizance(noun) –Knowledge or awareness
Synonyms – Advertence, assimilation, acumen, erudition, intimacy
Antonyms – Laxness, insouciance, remissness, amnesia, detachment
- Indefeasible(adjective) –Not subject to being lost, annulled, or overturned
Synonyms – Sacrosanct, inviolable, inalienable, entailed, inbred
Antonyms – Transitory, acquired, impermanent, alienable, changeable
- Stipulated(adjective) –Clearly expressed or identified
Synonyms – Postulated, immutable, unwavering, inexpugnable, abiding
Antonyms –Unarticulated, unuttered, dispensable, exotic, unavowed
- Conspiracy (noun) –A secret plan by a group to do something unlawful or harmful
Synonyms – Intrigue, stratagem, complot, perfidy, contrivance
Antonyms – Sustenance, gratuity, munificence, largesse, philanthropy
- Commemoration(noun) –A yearly observance or celebration
Synonyms –Bicentennial, recurrence, jamboree, saturnalia, jollification
Antonyms –Demonstration, negligence, walkout, strike, lobby
- Transmogrified(verb) –Transform in a surprising or magical manner
Synonyms –Alchemize, digress, vacillate, barter, anomaly
Antonyms –Stagnate, disregard, preserve, associate, perpetuate
- Vigorously (adverb) –In a way that involves physical strength, effort, or energy
Synonyms –Strenuously, stiffly, vehemently, lustily, devoutly
Antonyms –Frailly, torpidly, gingerly, indolently, slothfully
- Succumbed(verb) – Fail to resist pressure, temptation, or some other negative force
Synonyms –Budge, acquiesces, relinquish, assent, truckle
Antonyms –Prevail, surmount, persevere, endure, resist
- Exacerbated(verb) – To make worse or more severe
Synonyms –Augment, infuriate, exasperate, madden, embitter
Antonyms –Assuage, mitigate, palliate, attenuate, banish