When political leadership and executives are working overtime to release the jailed Ulfa leaders who were caught and evicted from Bangladesh, a woman judge of the designated Tada court in Assam is in focus for reminding the political leadership and executives of their responsibility towards the society while pointing out that collective interest of the society is more important than interest of an Ulfa leader.
In what has also been applauded “silently” by judicial fraternity for her bold observation that too against all odds, Justice Sonika Bora in her judgment in a Tada case (No. 32/2001) said, “Since the accused is in jail custody, valuable right of liberty of an individual and interest in society is to be balanced.”
The justice made this observation while rejecting the bail application of top Ulfa commander Raju Baruah who has been charge sheeted in many heinous crimes, including the killing of an IPS officer R.K. Singh in 1986, the then superintendent of police in Tinsukia district of Assam.
Though the Ulfa commander was granted bail in two other cases, including the SP murder case, as CBI counsel did not raise any objection, the Tada judge refused to grant bail to top Ulfa leader.
The bail was refused even after the submission of the public prosecutor in the case of special operation unit of Assam police that state government is planning to facilitate release of jailed Ulfa leaders in phased manner for starting peace talk.
She observed, “The accused is in jail custody for few months. Therefore, while striking balance between the liberty of an accused and collective interest of the society at large, I find that no liberty can be granted to the accused by way of granting bail at this stage as collective interest of society is more important than the right of the accused.”
The landmark judgment said, “The courts while dispensing justice under Tada (P) Act should keep in mind not only the liberty of an accused but also the interest of victim, collective interest of community and safety of nation.”
Justice Bora further said, “In a given situation collective interest of community may outweigh the right of personal liberty of accused.”
Senior advocate of the Guwahati high court and former advocate-general of Assam and Mizoram government P. Pathak said, “Justice Bora should be congratulated for her bold observation and judgment.”