Supreme Court Affirms Bail as Fundamental Right in UAPA Cases
Bail is the rule is not an empty slogan, even in UAPA and ‘terror' cases: Supreme Court

Image: The Hindu
On May 18, 2026, the Supreme Court of India granted bail to a man from Jammu and Kashmir accused of narco-terrorism, reinforcing that bail is the default rule even under the Unlawful Activities (Prevention) Act (UAPA). The court criticized recent judgments that undermined personal liberty, emphasizing the need for adherence to established precedents that protect individual rights.
- 01The Supreme Court's ruling highlights the importance of personal liberty, especially in UAPA cases.
- 02The court referenced the 2021 K.A. Najeeb case, which set a precedent for prioritizing individual rights over stringent legal provisions.
- 03Justice Ujjal Bhuyan noted that excessive reliance on prima facie evidence could lead to unjust pre-trial detentions resembling punitive sentences.
- 04The court criticized its own previous decisions, particularly the Gulfisha Fatima case, for denying bail to undertrials without sufficient justification.
- 05The judgment was based on a special leave petition challenging a High Court ruling from August 2025 regarding bail eligibility.
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On May 18, 2026, the Supreme Court of India granted bail to a Jammu and Kashmir man accused in a narco-terrorism case, who had been an undertrial for five years. The court emphasized that bail should be the default position even in cases under the Unlawful Activities (Prevention) Act (UAPA). This ruling reflects the court's concern over recent judgments that have eroded the right to personal liberty, particularly in UAPA cases. A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan reiterated the principles established in the 2021 K.A. Najeeb case, which underscored the necessity of upholding individual rights. The court criticized smaller benches for diluting the reasoning of larger benches without proper justification, leading to unjust bail denials. Justice Bhuyan pointed out that if courts blindly accepted the investigating agency's prima facie accusations, it could result in punitive pre-trial incarceration, effectively violating the right to a speedy trial as guaranteed under Article 21 of the Constitution. The judgment arose from a special leave petition challenging a High Court decision that had previously denied bail, highlighting the need for a balanced approach to stringent bail provisions under UAPA.
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This ruling reinforces the principle of bail as a right, potentially affecting many undertrials in UAPA cases who have been denied bail.
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