The Supreme Court recently granted bail to a man from Jammu and Kashmir who had been held without trial for five years in a narco-terrorism case. The court emphasized that the right to bail is not overlooked even in cases under the Unlawful Activities Prevention Act (UAPA).
In a significant move, the court criticized its own previous decisions, including one involving Umar Khalid, where bail was denied despite long pre-trial detentions. The judges stressed the importance of following precedents like the 2021 K.A. Najeeb case, which upheld personal liberties and speedy trials.
The court highlighted that accepting initial accusations as facts to deny bail could lead to prolonged detention without trial. Justice Ujjal Bhuyan noted that stricter laws like the UAPA should not allow delays to punish suspects.
The case was brought by challenging a High Court decision from August 2023, which had already ruled in favor of granting bail due to the high burden of proof required under UAPA Section 43D(5) and narcotic laws.