The High Court of Madras has granted bail to a Maoist who had been arrested on suspicion by NIA on condition of giving an oath to the effect that he would abide by the Constitution of India, while swearing his utmost faith by filing an affidavit in Tamil stating that he does not believe in Maoist ideology.
The Supreme Court has set aside the Jammu and Kashmir High Court order, which had earlier deprived the protected witness statements in the case of Waheed Para, who had approached the top court of the country for access to the statements of witnesses.
The bench of special NIA judge D.E. Kothalikar while dictating order said the court cannot lose site of the fact that there are serious allegations against Bhardwaj. She has shown apprehension of tampering of evidence. Considering the pros and cons of the matter, much leniency cannot be shown to her.
A division bench of Justices SS Shinde and NJ Jamadar had reserved Bharadwaj's bail plea for judgement on August 4 and the criminal application by 8 others on September 1.
The Jammu & Kashmir High Court division bench while hearing a criminal appeal said that the request of an Investigating officer for extension of time can not be a substitute for the report of the public prosecutor under the provisions of Section 43D (2)(b) of the UAPA Act.