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Just in case: The Hindu

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

It is time the tenability of the Bhima Koregaon case was examined by courts.
The grant of bail to the 82-year-old Telugu poet and activist, Varavara Rao, on medical grounds is a welcome relief to at least one of those arraigned in the controversial Bhima-Koregaon case under the Unlawful Activities (Prevention) Act. The Supreme Court has rightly ignored the arguments on behalf of the National Investigation Agency (NIA) 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 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-bail for six months on health grounds in February 2021. The Bombay High Court had set a date for him to return to custody after treatment, but it has been extended from time to time. Having regard to his age, the Supreme Court has now removed the time limit and given him regular bail, albeit with the conditions that he stay in Mumbai and not to get-in-touch with witnesses. The Court has also taken-note-of the fact that the charge sheet has been filed in the case, but the-trial-court is yet to frame charges. Further, there is no claim that he misused the interim bail in any way.

The options of an accused to get bail under UAPA are largely limited to health grounds, because bail on merits is nearly impossible to get. Under this law, the accused have to demonstrate that the allegations made against them in the police version is, prima-facie, not true. This onerous condition is not easy to fulfil, especially after the Supreme Court in NIA vs Zahoor Ahmad Shah Wataliruled that while considering bail, the court should not go deep into the material against a person and must decide whether the prosecution case was true “based on the broad probabilities” of the case. However, the Supreme Court has indeed got-around this limitation by treating any long delay in holding the trial and violation of fundamental rights as grounds to grant bail even in UAPA cases. The Bhima Koregaon case is an off-shoot of disturbances that took-place during a commemorative event on December 31, 2017, in Pune. It was used to rope-in lawyers and activists and build a case of an alleged Maoist plot to overthrow the government. There are credible reports that electronic evidence in the case could have been planted using spyware to implicate the accused. It is time the courts examined the core question whether the case itself is tenable or one fabricated to corner some activists. The judiciary should not countenance the prolonged incarceration of anyone in a case of doubtful validity.

(Source: The Hindu, it is meant for educational purposes only)

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take
place (phrase) – happen, occur, come about, transpire, come to pass घटित होना

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Activist (noun) –campaigner, reformer, demonstrator कार्यकर्ता

Indeed (adverb) – as expected, to be sure, in fact, in point of fact वास्तव में

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Ground
(noun) – reason, cause, basis, base, foundation, justification, आधार

Just in case (phrase) – If it is true that.

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Tenability (noun) – the quality of being plausible or acceptable to a reasonable person स्थायित्व

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Examine (verb) – inspect, survey, scrutinize, look at, look into जांच करना

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Arraign
(verb) – indict, prosecute, put on trial, bring to trial अपराधी ठहराना

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Overthrow
(verb) – remove from power, bring down, topple उखाड़ फेंकना

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Democratically
(adverb) –In accordance with the principles of democracy. लोकतांत्रिक ढंग से

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Octogenarian (noun) –A person who is from 80 to 89 years old. अस्सी साल का बुढ़ा

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Petition
(noun) –appeal, request, application, याचिका

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Interim
bail (noun) – a bail granted for a brief period of your time अंतरिम जमानत

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Regard
(noun) – consideration, care, concern, sympathy ध्यान, लिहाज़

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Albeit
(conjunction) – Though. यद्यपि, हालांकि

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Get in
touch (phrase) – establish communication with someone. संपर्क करना

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Take note of
(phrase) – pay attention. ध्यान देना

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Trial
court (noun) – a court of law where cases are tried in the first place, as opposed to an appeal court.

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Frame
(verb) – formulate, draw up, plan, लगाना, बनाना

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Merit
(noun) – good point, strong point

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Demonstrate
(verb) – exhibit, display, show, illustrate, दिखाना

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Allegation
(noun) – charge, accusation, claim, assertion, declaration आरोप

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Prima
facie (noun) – based on the first impression; accepted as correct until proved otherwise. प्रथम द्रष्टि पर आधारित

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Onerous
(adjective) – burdensome, heavy, inconvenient, troublesome, awkward कष्टदायक

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Prosecution
(noun) – The party instituting or conducting legal proceedings against someone in a lawsuit. अभियोग पक्ष

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Case
(noun) – A set of facts or arguments supporting one side in a legal case

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Get around
(phrasal verb) – deal with, cope with, overcome, surmount, prevail over, निपटना, सुलझाना

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Limitation
(noun) – imperfection, flaw, shortcoming; restriction, curb, restraint बाधा

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Off
-shoot (noun) – outcome, result, effect, consequence, upshot; A thing that develops from something else. परिणाम, नतीजा

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Commemorative
(adjective) – memorial, remembrance, celebratory, celebrative स्मरणीय

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Rope in
(phrasal verb) – to force or persuade someone to join a group or become involved in something

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Maoist
(noun) – A follower of the communist doctrines of Mao Zedong. माओवादी

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Plot
(noun) – conspiracy, intrigue, secret plan, secret scheme षड्य़ंत्र

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Credible
(adjective) – believable, plausible, compelling, persuasive विश्वसनीय

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Plant
(verb) – insert, impress, imprint, instil, place secretly, रखना

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Spyware
(noun) – Software that enables a user to obtain covert information about another's computer activities by transmitting data covertly from their hard drive.

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Implicate
(verb) – involve in, concern with, associate with, incriminate फंसाना

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Tenable
(adjective) – defensible, justifiable, defendable, supportable, sustainable, तर्कसंगत, मान्य

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Fabricate
(verb) – Invent or concoct (something), typically with deceitful intent. गढ़ना, बनाना

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Corner
(verb) – to force a person into a place or situation from which there is no escape कठिनाई में डालना

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Countenance
(verb) – tolerate, permit, allow, admit of, approve, सहन करना

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Prolonged
(adjective) – Continuing for a long time or longer than usual; lengthy. लंबा

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Incarceration
(noun) – imprisonment, internment, confinement, detention बन्दीकरण, कैद करना