Supreme Court Grants Bail Under UAPA, Distinguishing Watali Case

Last Updated on July 22, 2024 by News Desk

In a significant ruling, the Supreme Court granted bail to an accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA), emphasizing that the precedent set in the case of NIA v. Zahoor Ahmad Shah Watali should not automatically be used to deny bail in cases where the accused has experienced prolonged incarceration.

The Supreme Court highlighted that the Watali case’s decision to revoke bail was based on specific circumstances. In that instance, the High Court had effectively conducted a mini-trial, overturning the trial court’s initial findings against granting bail. This, the Supreme Court noted, was not applicable as a blanket rule for all UAPA cases.

The bench, comprising Justice JB Pardiwala and Justice Ujjal Bhuyan, set aside the Allahabad High Court’s order denying bail to the appellant, who had been in undertrial custody for nine years. The Supreme Court referred to the case of Union of India v. KA Najeeb, which stressed that statutory restrictions on bail under the UAPA should not infringe upon constitutional rights. The Court acknowledged that while the severity of the charges is important, the prolonged detention of an undertrial and the improbability of a swift trial completion are valid grounds for granting bail.

The Supreme Court concurred with the three-judge bench in the KA Najeeb case, which had differentiated the Watali judgment. In Watali, the bail was revoked because the High Court had conducted a detailed examination of evidence, which exceeded the limited scope of a bail hearing under Section 43D(5) of the UAPA. The Supreme Court underscored that the Watali decision should be understood in its specific context and not used broadly to deny bail to undertrials enduring extended incarceration without foreseeable trial conclusion.

This ruling reaffirms the Supreme Court’s stance that constitutional rights and the principles of justice should prevail over stringent statutory provisions, ensuring that long-term undertrials under the UAPA are not unjustly denied bail.

Written By — Athi Venkatesh