Indira Jaising sounds alarm on democracy & dissent / India’s Anti-Terror Law and the Punishment of the Unconvicted
Two judgments, no single standard: Why terror law UAPA’s bail threshold isn’t a straight line
21/05/2026
The Print / by Sahaj Sankaran
SC’s contradiction over bail in terror cases has revived questions over whether the stringent Watali test or the liberty-focused Najeeb ruling should guide UAPA jurisprudence.
When a two-judge Supreme Court bench Monday criticised a co-ordinate bench’s decision denying bail in January to Sharjeel Imam and Umar Khalid, both accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case, the criticism raised a much broader issue: how should courts decide on bail under the anti-terror law?
… In the the 2022 Jyoti Jagtap vs NIA case, the court did not consider Najeeb at all, implicitly arguing that Najeeb had no applicability even though the defendant had been in prison for two years by that point. It took another three years for Jagtap, arrested for her alleged ties to the organisers of the 2017 Elgar Parishad event, to secure bail.
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Not defending civil society judiciary’s biggest failure Advocate Indira Jaising
19/05/2026
The Week / by pti
The judiciary’s inability to protect civil society from persecution is its “biggest failure”, writes senior advocate Indira Jaising in her new book “The Constitution Is My Home”, alleging that political opponents, activists and human rights defenders are being systematically targeted through criminal law.
… Referring to the prosecution of late Delhi University professor G N Saibaba under the Unlawful Activities (Prevention) Act (UAPA), she criticised judicial observations that shifted the focus of criminal law from “overt acts to beliefs and ideas”.
She also criticised the use of the UAPA and the sedition provision under Section 124A of the Indian Penal Code against activists and human rights defenders in cases linked to the 2020 Delhi riots and the Bhima Koregaon violence.
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▪ Indira Jaising interview: Senior advocate sounds alarm on democracy & dissent in modern India

en | 19:16min | 2026
Interview by: Kanu Sarda
Camera: Sanjay Ahlawat
Editor: Syam Krishnan
In this exclusive interview with THE WEEK, Indira Jaising discusses her new memoir, The Constitution Is My Home, and shares her thoughts on the biggest constitutional and judicial challenges facing India today. From the Bhima Koregaon case and judicial accountability to women in the Supreme Court and the criminalisation of dissent, Jaising offers a candid and deeply personal reflection on law, democracy and power.
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India’s Anti-Terror Law and the Punishment of the Unconvicted
19/05/2026
Countercurrents.org / by Utkarsh Mishra
The statistics released by the government paint a troubling picture. From 2019 to 2023, India arrested 10,440 individuals using its strictest anti-terror law, but only 335 were convicted. This number didn’t come from a human rights organisation; it was shared by the Union Home Ministry itself during a session in Parliament in December 2025. The National Crime Records Bureau put together these figures, and it amounts to a mere 3.2% conviction rate.
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Also read:
▪ Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
▪ Unlawful: Editorial on the Bhima Koregaon case and denial of liberty under UAPA (The Telegraph / Feb 2026)
▪ Inside the NIA’s ‘Perfect’ Conviction Record: How Coercive Detentions Are Driving Guilty Pleas (The Wire / Dec 2025)
▪ Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)

▪ Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
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