New Delhi: The Supreme Court of India on Monday made significant observations regarding bail in cases registered under the Unlawful Activities (Prevention) Act (UAPA). The Court stated that the principle of “bail is the rule and jail is the exception” cannot be ignored even in cases involving stringent laws.
While granting bail to a UAPA accused who had spent nearly six years in prison, the Court said that prolonged trials and indefinite detention directly affect an individual’s personal liberty. The bench emphasized that lower courts should consider not only the seriousness of allegations but also the status of the trial and the constitutional rights of the accused while deciding bail pleas.
During the hearing, the Court also reflected on some of its earlier rulings. In particular, observations were made regarding previous orders denying bail to Umar Khalid. The Court noted that in certain cases, excessively strict standards appeared to have been applied while considering bail requests.
The remarks have triggered a fresh debate over arrests and prolonged judicial custody under the UAPA law. Legal experts believe the observations could influence future bail hearings in UAPA-related cases. However, some also argue that strict measures remain necessary in matters linked to national security.
The Supreme Court further reiterated that keeping an accused in jail for an indefinite period before the completion of trial may go against the fundamental principles of justice and personal liberty.
