Unlawful Activities (Prevention) Act, 1967— Section 16 — Sanction for prosecution — The court held that a sanction for prosecution under Section 16 of the Act, 1967, must be based on an independent review of the evidence collected during the course of investigation by the appropriate authority — If the sanction is not based on such a review, it is invalid – while the gravity of the offence and the possibility of tampering with evidence are important considerations, they must be balanced against the accused’s right to liberty — The court must ensure that the accused is not kept in custody for an unreasonable period of time- that a foreign national cannot be denied bail solely on the ground that they are a foreign national — The court must consider other factors, such as the length of time already spent in custody, the likelihood of the trial being completed in the near future, and the accused’s ties to the community – bail conditions cannot be arbitrary or onerous, and they must be consistent with the object of granting bail — The court cannot impose conditions that infringe upon the accused’s right to privacy or that are impossible for the accused to comply with.
2024 INSC 534 SUPREME COURT OF INDIA DIVISION BENCH SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before :…