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SC relief for Tata Tea top brass, offences bailable

The three top Tata Tea executives, allegedly involved in funding the banned United Liberation Front of Asom militants in Assam got a relief today when the Supreme Court held that the offences alleged against them were bailable and there was no need for anticipatory bail to them.

The ruling was given by a division bench comprising Justice M K Mukherjee and Justice K T Thomas while disposing of their special leave petitions.

The SLP were directed against orders of the Guwahati high court dismissing applications of the three executives of the company -- Managing Director R K Krishna Kumar, Executive Director S Kidwai, and consultant K Sridhar -- seeking anticipatory bail apprehending arrest.

The executives were charged under Sections 120B, 121, 121A, and 122 of the Indian Penal Code and Sections 10 and 13 of the Unlawful Activities (Prevention) Act 1967.

"When the materials collected during the investigation are judged, it is apparent that they make out a prima facie case under Section 10 of the Unlawful Activities (Prevention) Act against the three executives as they have assisted the operations of the ULFA (declared an unlawful association under Section 3 of the act) through contributions and also in other ways," the judges said.

"However, when those material allegations levelled against the executives are considered vis-a-vis the unlawful activities envisaged under the act, it cannot be said that they are liable for an offence under Section 13 of the act, much less under the aforesaid sections of the IPC,'' the court observed.

Resultantly, the court said the question of granting anticipatory bail to the executives under Section 438 of the Code of Criminal Procedure could not and did not arise for an offence under Section 10 of the act which was bailable.

UNI