Date:18/12/2008 URL: http://www.thehindu.com/2008/12/18/stories/2008121856651000.htm

National

Courts to decide on bail

Special Correspondent

NEW DELHI: In the Unlawful Activities Prevention Act (Amendment) Bill, 2008, even while making tough provisions, the courts have been given the power to decide on the prosecution’s case in the matter of bail and presumption of guilt on the accused in some specific cases.

This observation was made on Wednesday by Union Home Minister P. Chidambaram while moving the Bill and the National Investigation Agency Bill, 2008 in the Lok Sabha for discussion.

On the presumption of offence, a rebuttable provision was introduced in the Unlawful Activities Prevention Act (Amendment) Bill that the court could make such an inference under certain circumstances, Mr. Chidambaram said.

Under the Bill, if finger-prints, blood stain, DNA and weapons of offence were recovered from the crime scene, it would be the first duty of the court to presume the offence while it would be the second duty of the accused to provide contrary evidence.

Where there was definitive evidence suggesting involvement of the accused, the courts can presume he was guilty, the Minister said, adding that in the assassination of Rajiv Gandhi many of the accused escaped because of lack of such provision.