What did the SC say about bail under UAPA?, Pg14

Key Highlights:

• The Supreme Court granted interim bail to Abdul Khalid Saifi and Tasleem Ahmad, accused in the 2020 Delhi riots case, on May 22.
• A larger Bench will address whether extended detention and trial delays can supersede stringent bail restrictions under laws like the UAPA.
• Concerns were raised about smaller Benches potentially undermining the principle established in Union of India v. K.A. Najeeb regarding bail in UAPA cases.
• The Andrabi judgment questioned the denial of bail to Umar Khalid and Sharjeel Imam in the Gulfisha Fatima v. State case, despite prolonged incarceration.

Detailed Insights:

• The K.A. Najeeb verdict established that undertrials should not be indefinitely detained, regardless of the severity of the offense.
• Section 43D(5) of the UAPA makes securing bail difficult by requiring the court to believe the accusations are prima facie true based on the case diary or chargesheet.
• The NIA v. Zahoor Ahmad Shah Watali judgment stated that an elaborate examination of evidence isn't needed to establish prima facie guilt, reversing the presumption of innocence.
• The Najeeb judgment aimed to soften the stringent bail conditions under Section 43D(5), allowing constitutional courts to grant bail in cases of significant trial delays.
• The Andrabi judgment emphasized that the gravity of UAPA offenses should not outweigh the human right to bail, especially considering the low conviction rate under UAPA.
• The Supreme Court clarified that the Gulfisha Fatima judgment did not misinterpret the Najeeb principle but made an "accused-specific evaluation" when denying bail.

Key Concepts Involved:

• UAPA (Unlawful Activities (Prevention) Act, 1967): A law empowering the Centre to designate organizations and individuals as terrorists.
• Article 21: Guarantees the right to life and personal liberty, ensuring protection against unlawful detention.
• Section 43D(5): A provision within the UAPA that imposes stringent conditions for granting bail to those accused under the Act.