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Supreme Court of India 2024-08-13 allowed

JALALUDDIN KHAN vs UNION OF INDIA

Bench: 2 — Abhay S. Oka, Augustine George Masih

In Brief

Jalaluddin Khan, a retired police constable, was prosecuted under anti-terrorism laws (UAPA) and IPC sections for allegedly facilitating a banned organization's activities by renting out a building floor. The Supreme Court held that the charge sheet provided no reasonable grounds to believe the accusation was prima facie true. The appellant's son negotiated the rental; money transfers were documented advance payments; he was introduced as owner after a key meeting (not shown as participant); and items removed were personal items, not terrorist materials. The Court found no evidence that the appellant advocated, facilitated, or conspired in terrorist acts, and the protected witness statement was distorted in the charge sheet. The Court set aside bail denials and granted bail, reaffirming that bail is the rule and detention must comply with constitutional protections."

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Criminal Procedure Bail Anti-Terrorism Law UAPA Right to Liberty Evidence and Investigation

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