Supreme Court Affirms Bail Principle Under UAPA, Critiques Lower Court Rulings
'Jail Is Exception, Bail Is Rule': Supreme Court Reiterates Liberty Under UAPA Law

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The Supreme Court of India emphasized that 'bail is the rule and jail is the exception' even under the Unlawful Activities (Prevention) Act (UAPA) while granting bail to Syed Iftikhar Andrabi, accused of narco-terrorism. The court criticized lower court judgments for diluting this principle and highlighted the need for speedy trials, especially in serious cases.
- 01The Supreme Court granted bail to Syed Iftikhar Andrabi after over six years of pre-trial detention.
- 02The court reaffirmed that constitutional protections under Articles 21 and 22 ensure personal liberty and the right to a speedy trial.
- 03The bench criticized lower court rulings for deviating from the principles established in the landmark 2021 KA Najeeb case.
- 04The court highlighted that Section 43D(5) of the UAPA cannot justify indefinite incarceration.
- 05Conviction rates in UAPA cases in Jammu and Kashmir have remained below one percent in recent years.
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In a significant ruling, the Supreme Court of India reiterated the principle that 'bail is the rule and jail is the exception' under the Unlawful Activities (Prevention) Act (UAPA) while granting bail to Syed Iftikhar Andrabi, a resident of Handwara, Jammu and Kashmir, who had been detained for over six years without trial. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, emphasized that prolonged incarceration cannot be justified solely based on the stringent provisions of the UAPA. They underscored the importance of Articles 21 and 22 of the Constitution, which protect personal liberty and the right to a speedy trial, even in serious cases involving terrorism. The court also expressed concerns about lower court judgments that appeared to undermine the principles established in the 2021 KA Najeeb case, which allowed for bail in cases of prolonged trial delays. Furthermore, the judges pointed out that the statutory restrictions under Section 43D(5) of the UAPA should not be interpreted to permit indefinite detention without trial. The ruling is particularly significant given the low conviction rates in UAPA cases, which have been reported to be below one percent in Jammu and Kashmir.
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This ruling may lead to more individuals being granted bail under UAPA, impacting the judicial process and pre-trial detention practices in Jammu and Kashmir.
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