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UAPA Bail Rules Under Review
The Supreme Court will form a larger bench to address key legal questions about granting bail under the Unlawful Activities (Prevention) Act (UAPA). This move comes after conflicting decisions on bail requests related to the 2020 Delhi riots, involving individuals like Umar Khalid and Sharjeel Imam. The court noted the need for clearer guidelines while granting interim bail to Tasleem Ahmed and Khalid Saifi, showing the sensitive nature of UAPA bail.
Balancing 'Bail is the Norm' with UAPA's Strictness
The core issue is reconciling the common legal principle that "bail is the norm, jail is the exception" with the strict bail requirements set by the UAPA. The government, represented by Additional Solicitor General SV Raju, argues that UAPA's conditions don't violate Article 21 of the Constitution and that not everyone charged under UAPA automatically deserves bail. This view challenges recent interpretations that suggested more lenient bail, particularly when trials face significant delays.
Past Rulings and Judicial Differences
The Supreme Court's 2012 KA Najeeb judgment, which allowed bail in UAPA cases due to prolonged trial delays, is a significant precedent. However, previous benches, including one with Justice BV Nagarathna, have raised questions about applying this principle in all denial-of-bail scenarios. More recently, a January 2026 ruling on Gulfisha Fatima's bail plea acknowledged trial delays as a safeguard against indefinite detention but stopped short of making it a guaranteed right, contributing to the current legal uncertainty.
Clarity Through a Larger Bench
By referring these complex issues, the Supreme Court aims to establish a clear and consistent legal standard for bail under the UAPA. The review will focus on how to interpret and apply the UAPA's bail restrictions within the existing legal framework. A decision from the larger bench is expected to provide much-needed guidance to lower courts and lead to a more uniform approach to UAPA bail cases across the country, impacting numerous individuals facing terror-related charges.