How Supreme Court has liberalised bail jurisprudence under anti-terror law UAPA in last three years

16/08/2024

The Print / by Akashat Jain

Section 43D(5) of the Act lays down stringent provisions for grant of bail, but there has been a gradual shift in giving bail to UAPA accused over past few years.
From bombing accused K.A. Najeeb to Bhima-Koregaon accused Vernon Gonsalves, the Supreme Court has allowed bail to many accused of terrorism in the last three years. It has allowed bail despite its 2019 order which pegged the standard for allowing bail under the Unlawful Activities Prevention Act (UAPA), 1967 to be higher, a decision which has rarely followed.
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UAPA no exception to the rule on bail

15/08/2024

Hindustan Times / by HT Editorial

Taken together, SC’s pronouncements underline the draconian nature of the law. It is time this is addressed by the legislature of a mature democracy.
Time and again, the Supreme Court (SC) has pronounced that bail is the rule and jail the exception. But Tuesday’s ruling, that this holds true for special statutes such as the Unlawful Activities (Prevention) Act, or UAPA, is of special import. Not because the apex court reiterated its protection of the personal liberty of citizens, but because in ruling so, it implicitly outlined how the law lends itself to strategic misuse.
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