Banner
Workflow

Courts should not hesitate to grant bail in UAPA cases

Courts should not hesitate to grant bail in UAPA cases
Contact Counsellor

Courts should not hesitate to grant bail in UAPA cases

  • The Supreme Court recently held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian UAPA

Highlights:

  • Unlawful Activities Prevention Act or UAPA - punishes terror acts.
  • The judgment followed an appeal filed by a retired police constable accused of harbouring persons linked to the Popular Front of India (PFI).
  • Bail can be granted if the conditions in the statute, in this case, UAPA, were met. Once a case for bail was made out, it cannot be denied or declined.
  • Refusing bail to one who deserves it merely on the ground that the offence is serious would be a violation of the accused’s fundamental right to life and due procedure under Article 21 of the Constitution.

Prelims Takeaway

  • UAPA

Categories