Constitutional Law and Philosophy / by Hany Babu and Surendra Gadling

This is a guest post by Hany Babu and Surendra Gadling, who have been detained in prison as “undertrials” since 2020 and 2018, respectively. This piece is being published here simultaneously with The Proof of Guilt blog.

The judgement in the case of  (2019) 5 SCC 1 [“Watali] was delivered by the Supreme Court on 02.04.2019. Ever since then, procuring bail for a person accused of an offence under Chapters IV or VI of the Unlawful Activities (Prevention) Act, 1967 (UAPA) has been, to borrow an illustrative simile used by Abhinav Sekhri, like asking a person to swim after throwing him in deep water with both his hands tied behind him.
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Also read:
▪ The Grammar of the Power to Arrest and Search under UAPA (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Jul 2025)
▪ How Long is Too Long? – On the Maximum Period that an Undertrial Prisoner can be Detained (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Oct 2024)
▪ Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Jul 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

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