Prolonged incarceration violates right to life: HC grants bail in MCOCA case

THE Delhi High Court has held that the statutory restrictions on bail under the Maharashtra Control of Organised Crime Act (MCOCA) must give way to conditional liberty in cases of prolonged pre-trial detention.

- SHEKHAR SINGH @New Delhi

"Various courts have recognised that prolonged incarceration undermines the right to life and liberty, as has been guaranteed under Article 21 of the Constitution of India, and therefore, conditional liberty must take precedence over the statutory restrictions under Section 21 of MCOCA and override the bar therein," Justice Amit Mahajan, in an order passed on May 8, said.