SC Grants Bail To Narco-Terror Accused, Says ‘Bail Is Rule, Jail Exception’ Even In UAPA Cases
New Delhi, May 18 (KNC): The Supreme Court on Monday granted bail to an accused in a narco-terror case linked to Jammu and Kashmir, observing that the constitutional principle of “bail is the rule and jail is the exception” applies even in cases registered under the Unlawful Activities (Prevention) Act (UAPA).
A Bench of Justices B V Nagarathna and Ujjal Bhuyan granted relief to Handwara resident Syed Iftikhar Andrabi, who is facing trial in a case being investigated by the National Investigation Agency (NIA) over alleged involvement in cross-border drug trafficking and terror funding activities.
The apex court directed the accused to surrender his passport and appear before the local police station once every fifteen days as part of the bail conditions.
The case pertains to a 2020 investigation under various provisions of the UAPA and IPC. While hearing the matter, the Supreme Court observed that the stringent provisions under Section 43D(5) of the UAPA cannot be used to justify indefinite detention and must be interpreted in line with Articles 21 and 22 of the Constitution guaranteeing personal liberty.
The Bench emphasized that the presumption of innocence remains a cornerstone of the criminal justice system and reiterated that courts must uphold constitutional protections even in serious offences.
The court also reaffirmed the significance of the landmark K A Najeeb judgment, stating that the ruling remains binding on all courts and cannot be ignored or diluted while deciding bail matters under UAPA.
Andrabi had approached the Supreme Court after the High Court of Jammu & Kashmir and Ladakh rejected his bail plea, citing alleged communication with terror operatives across the border through cellphone records.(KNC)
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