Stan Swamy, a tribal rights activist who is also accused in the Elgar Parishad-Maoists link case, challenged in the Bombay High Court a provision of the Unlawful Activities (Prevention) Act (UAPA) dealing with grant of bail. He contended that it has created an insurmountable hurdle for those seeking relief, reported NDTV.
Swamy said that Section 43D(5) of the UAPA is violative of the accused person's fundamental right to life and liberty as guaranteed by the Indian Constitution. The court on Saturday, July 3, extended the stay of Stan Swamy at a private hospital till July 6.
Senior counsel Mihir Desai told a bench of Justices SS Shinde and NJ Jamadar that Stan Swamy is still undergoing treatment at Holy Family Hospital. He was shifted to the hospital from Taloja Prison in Navi Mumbai after the court's order on May 28.
Swamy Says It Is An Insurmountable Hurdle
Swamy in his plea says that Section 43D(5) has created insurmountable hurdle for the accused to get bail and due to this was violative of the accused person's fundamental right to life and liberty guaranteed by the Indian Constitution.
In the criminal justice system it is presumed that an accused person is innocent unless charges against him or her are proven by the prosecution. However, Section 43D (5) of the UAPA mandates that if a court has reasonable grounds to believe that the accusation against someone charged under the Act is prima facie true, then the accused shall not be released on bail.
The bench adjourned the hearing on Tuesday and extended his hospital until July 6.