Supreme Court Upholds Bail Norms in High-Profile UAPA Case
- On May 18, 2026, The Supreme Court granted bail to a Jammu and Kashmir man accused in a narco-terrorism case, while questioning its own previous denial of personal liberty to former JNU student leader Umar Khalid.
- Justices B.V. Nagarathna and Ujjal Bhuyan criticized recent rulings denying bail to Khalid and Sharjeel Imam in the Delhi riots case despite both spending over six years as undertrials.
- The Bench cited the 2021 Najeeb judgment affirming that stringent statutes require faster trials, and warned that blindly accepting accusations means "pre-trial incarceration would begin to acquire a post-trial punitive character."
- Asserting that bail is the rule even in UAPA cases, the court criticized Section 43D for enabling prolonged detention and reaffirmed personal liberty rights under the Constitution and Article 21.
- This judgment signals a shift toward prioritizing personal liberty, as the court emphasized that binding precedents championing individual rights must be complied with by all courts moving forward.
31 Articles
31 Articles
SC Critiques Order Denying Bail to Umar Khalid, Asserts 'Bail Is Rule' Principle
The Supreme Court of India has expressed serious reservations about its own earlier judgment that denied bail to activist Umar Khalid in a case under the Unlawful Activities (Prevention) Act (UAPA). The Court clarified that the principle of “bail is the rule and jail is the exception” applies even in UAPA cases, and statutory restrictions cannot override constitutional guarantees of personal liberty and the presumption of innocence.According to …
Supreme Court Upholds Bail Norms in High-Profile UAPA Case
The Supreme Court granted bail to Syed Iftikhar Andrabi in a narco-terror case, emphasizing bail as a constitutional rule. The decision follows the KA Najeeb precedent, challenging a High Court order. Andrabi must comply with conditions while the NIA continues its investigation into the cross-border syndicate.
Bail is rule, jail exception even in UAPA cases: SC
New Delhi: Observing that bail is the rule and jail an exception even in UAPA cases, the Supreme Court on Monday, May 18, granted bail to a man allegedly involved in drug trafficking and financing terror in Jammu and Kashmir. A bench of Justices BV Nagarathna and Ujjal Bhuyan granted relief to Handwara resident Syed Iftikhar Andrabi in a high-profile narco-terror case and directed him to surrender his passport and report to the local police stat…
'Bail Is Rule Even In UAPA': Supreme Court Critiques Own Umar Khalid Order
A bench of Justices BV Nagarathna and Ujjal Bhuyan said an earlier judgment rejecting bail to Khalid and Imam appeared to dilute the binding precedent laid down by a larger bench in the landmark Union of India vs KA Najeeb case.
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