WHY ARE SOME OF THE ACCUSED PERSONS CONNECTED TO THE 14TH APRIL INCIDENT RELEASED WHILE OTHERS ARE STILL REMANDED IN CUSTODY?

QUESTION OF THE DAY

WHY ARE SOME OF THE ACCUSED PERSONS CONNECTED TO THE 14TH APRIL INCIDENT RELEASED WHILE OTHERS ARE STILL REMANDED IN CUSTODY?

When the prosecutor was announcing the possible discharge and release of 13 accused persons connected to the 14th April incident the court was informed that they had the option of giving an undertaking never to participate in demonstrations again and would be released whenever they do so. They were eventually released implying that they have given such an undertaking.

The fact of matter is that there is a provision of the Criminal Procedure Code which has the effect of discharging and releasing an accused person conditionally to terminate a case in the best interest of the public. Public interest is material to justice. This is why the Attorney General is empowered to intervene in the public interest to file nolle prosequi and facilitate the discharge and release of accused persons without any bar to being charged on the basis of the same facts.

Hence there are many legal avenues to close the chapter. The public will be informed whether three months without bail is not sufficient to put a politically motivated incident to rest and draw lessons on how to prevent its occurrence.