The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.
The case revolved around a special package sanctioned by the Govt. of India for the revival of infrastructural projects which were affected severely due to rise of militancy in Jammu and Kashmir in the 1990s.
The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.
The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
The Court pointed out that despite issuance of several orders since 2018, the respondents have not submitted compliance details before the Court.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”