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National interest takes precedence over personal liberty of individual, the Karnataka High Court recently said while rejecting a bail petition filed by 25-year-old man booked under the Unlawful Activities Prevention Act (UAPA).
In an order passed on September 25, a Bench of Justices Sreenivas Harish Kumar and JM Khazi rejected the bail plea filed by one Arafath Ali, accused of having stabbed another man in August 2022 after being influenced by the ideology of Islamic State of Iraq and Syria (ISIS).
“What Article 21 states is that personal liberty of a person cannot be curtailed without due process of law. Its meaning has been expanded, and no doubt a greater amount of sanctity is attached to it. But whenever national interest is involved or a challenge is posed to unity, sovereignty and integrity of the nation, individual liberty recedes to background. Individual or personal interest must yield to national interest. Individual is not greater than the nation where he has taken birth,” the High Court said while rejecting Ali’s bail petition.
Ali was arrested by the National Investigation Agency (NIA) on multiple charges under the UAPA and the IPC.
The NIA claimed that Ali was influenced by the ideology of ISIS and that he used to “radiclaise the youth in his locality.” His bail application was rejected by a special court in February this year after which he approached the High Court.
The Court took note of witness statements supporting the NIA’s claims and held that Ali was not eligible for bail.
“If the materials against appellant are put to analysis, it can be said that accusations against him will remain till they are contradicted or disproved by other evidence. This satisfaction can be drawn by gleaning over the prosecution materials. Therefore bar contained in section 43D(5) of UA(P)A becomes applicable,” the High Court said.
Advocate S Balakrishnan appeared for Arafath Ali.
Advocate C Sachin and Prasanna Kumar appeared for the NIA.
[Read Order]