NEW DELHI: The Supreme Court on Tuesday granted bail to a man accused under the Unlawful Activities (Prevention) Act (UAPA), emphasising that the legal principle “bail is rule, jail is an exception” is applicable even to offences under special statues.
The top court highlighted that denying bail in deserving cases would be a violation of fundamental rights.
A bench of justices Abhay S Oka and Augustine George Masih underlined the importance of considering bail applications in accordance with the law, even in serious allegations.
They stated, “Allegations of the prosecution may be very serious, but it is court’s duty to consider the case for bail in accordance with law. Bail is the rule and jail is the exception applies even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21.”
The judgement came in the case of Jalaluddin Khan, who was booked under the UAPA and other sections of the now-defunct Indian Penal Code. Khan had rented out the upper floor of his house to alleged members of the banned organisation Popular Front of India (PFI).
According to the National Investigation Agency (NIA), the investigation disclosed that a criminal conspiracy was hatched with the intention of carrying out acts of terror and violence. This was purported to create an atmosphere of terror and endanger the unity and integrity of the nation.
As part of this conspiracy, the accused arranged rented accommodation in Ahmad Palace, Phulwarisharif (Patna). The premises were used for training individuals in acts of violence and for holding criminal conspiracy meetings.
Information received by the Bihar Police indicated that the accused planned to cause disturbances during the proposed visit of Prime Minister Narendra Modi in 2022.
Acting on a tip-off, the Phulwarisharif Police conducted a raid on July 11, 2022, at Khan’s house.
The top court highlighted that denying bail in deserving cases would be a violation of fundamental rights.
A bench of justices Abhay S Oka and Augustine George Masih underlined the importance of considering bail applications in accordance with the law, even in serious allegations.
They stated, “Allegations of the prosecution may be very serious, but it is court’s duty to consider the case for bail in accordance with law. Bail is the rule and jail is the exception applies even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21.”
The judgement came in the case of Jalaluddin Khan, who was booked under the UAPA and other sections of the now-defunct Indian Penal Code. Khan had rented out the upper floor of his house to alleged members of the banned organisation Popular Front of India (PFI).
According to the National Investigation Agency (NIA), the investigation disclosed that a criminal conspiracy was hatched with the intention of carrying out acts of terror and violence. This was purported to create an atmosphere of terror and endanger the unity and integrity of the nation.
As part of this conspiracy, the accused arranged rented accommodation in Ahmad Palace, Phulwarisharif (Patna). The premises were used for training individuals in acts of violence and for holding criminal conspiracy meetings.
Information received by the Bihar Police indicated that the accused planned to cause disturbances during the proposed visit of Prime Minister Narendra Modi in 2022.
Acting on a tip-off, the Phulwarisharif Police conducted a raid on July 11, 2022, at Khan’s house.