TOPIC – Pique and petulanceIn 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.
The Hindu Editorial Words with meanings, synonyms, and antonyms
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