Bail is rule, jail is exception even in UAPA cases, says Supreme Court

The Supreme Court on Monday, May 18, granted bail to a man facing trial in a major narco-terror case over his alleged involvement in a cross-border syndicate engaged in drug trafficking as well as financing terror in Jammu and Kashmir.

The top court observed that bail is the rule and jail is an exception even in Unlawful Activities (Prevention) Act cases, PTI reported.

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While hearing the matter, the bench of Justices BV Nagarathna and Ujjal Bhuyan granted relief to Handwara resident Syed Iftikhar Andrabi. He was further asked to surrender his passport and report to the local police station once in 15 days.

Notably, the NIA is probing a case filed in 2020 under various sections of UAPA and IPC.

The apex court observed that Section 43D(5) of the UAPA cannot justify indefinite incarceration and must operate subject to Articles 21 and 22. This section outlines stringent bail restrictions, according to PTI.

“Bail the rule and jail the exception is a constitutional principle flowing from Articles 21 and 22 and the presumption of innocence is the cornerstone of any civilised society governed by rule of law,” the bench stated.

Further, the Supreme Court emphasised that its verdict in the KA Najeeb case is a binding law and cannot be diluted, circumvented or disregarded by trial courts, high courts or even by the benches of a lower strength of this court.

The KA Najeeb case is regarding as a major top court ruling delivered in 2021 regarding bail under the UAPA.

At that time, Andrabi challenged the order passed by the High Court of J&K and Ladakh, which dismissed his bail, stating that scrutiny of cellphone records indicated that Andrabi had been in touch with terror operatives across the border.