Context: The Supreme Court recently revisited the issue of bail under the Unlawful Activities (Prevention) Act (UAPA) while granting interim bail to accused in the 2020 Delhi riots case.
About Bail under UAPA:
What is UAPA?
- The Unlawful Activities (Prevention) Act, 1967 (UAPA) is India’s principal anti-terror legislation aimed at preventing unlawful and terrorist activities threatening the sovereignty and integrity of India.
Aim:
- To combat terrorism, secessionism, and activities endangering national security and sovereignty.
- To provide legal tools for investigating and prosecuting terror-related offences across India.
Key Features of Bail under UAPA:
- Stringent Bail Provision – Section 43D(5): Bail can be denied if the court finds reasonable grounds to believe the accusations are prima facie true.
- Reverse Bail Principle: The normal criminal law principle of bail, not jail is weakened, making bail exceptionally difficult in terror-related cases.
- Reliance on Prima Facie Evidence: In National Investigation Agency Zahoor Ahmad Shah Watali, the Supreme Court held that courts need only examine broad probabilities rather than detailed evidence while deciding bail.
- Constitutional Override through Article 21: In Union of India v. K.A. Najeeb, the Court ruled that prolonged incarceration and delayed trial can justify bail despite Section 43D(5).
Recent Court Interpretation:
- 2022 Freeze on Sedition & UAPA Concerns: The Court acknowledged concerns regarding misuse of stringent national security laws and emphasized protection of personal liberty.
- Andrabi Judgment (2026): The Supreme Court clarified that constitutional courts cannot ignore Article 21 rights merely because charges are serious under UAPA.
- Gulfisha Fatima Case Debate: The Court witnessed disagreement over whether prolonged detention alone is sufficient ground for bail in UAPA cases.
- Reference to Larger Bench: The Supreme Court has now referred the issue to a larger Bench to settle the balance between national security and personal liberty.
Relevance in UPSC Exam Syllabus:
- GS Paper 2
- Constitutional rights and civil liberties
- Judiciary and judicial interpretations
- Security laws and governance
- GS Paper 3
- Internal security challenges
- Terrorism and anti-terror laws
