Supreme Court Upholds Bail Principle in UAPA Case

NEW DELHI:
The Supreme Court has reinforced the legal principle that ‘Bail is rule, jail is an exception,’ asserting its application even to offences under special statutes such as the Unlawful Activities (Prevention) Act ( UAPA ). This pivotal decision emerged while the court granted bail to Jalaluddin Khan , an accused under the stringent anti-terror law .

A bench comprising Justices Abhay S. Oka and Augustine George Masih emphasized that denying bail in deserving cases constitutes a violation of fundamental rights . The bench stated, ‘Allegations may be grave, but courts must consider bail applications in accordance with the law. Denying bail in deserving cases violates rights guaranteed under Article 21 .’

The judgement, which resulted in Khan’s release, comes amidst serious accusations that he rented out his property to members of the banned Popular Front of India (PFI), allegedly conspiring to incite terror and violence. The National Investigation Agency’s probe into these allegations suggests a planned conspiracy to disturb national peace and endanger the prime minister’s proposed visit in 2022.