Bail is the rule even in UAPA cases: Supreme Court

The Supreme Court has ruled that the constitutional principle of “bail is the rule and jail is the exception” applies even in cases registered under the stringent Unlawful Activities (Prevention) Act (UAPA). The observation came while granting bail to Syed Iftikhar Andrabi, an accused in a narco-terror case from Jammu and Kashmir.

The bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan held that an undertrial cannot be kept in custody indefinitely due to delays in proceedings. The court directed Andrabi to surrender his passport and appear before the local police station every 15 days. The case was registered by the NIA in 2020.

In a separate ruling, the Supreme Court clarified that High Court Registrars General do not have the authority to initiate disciplinary action against judicial officers without approval from the Chief Justice or a committee of judges. The court also set up two election tribunals to resolve disputes regarding 30% representation of women lawyers in Bar Councils.