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SC Reiterates 'Bail is Rule' in UAPA Cases, Cites Article 21 and Najeeb 2021 Judgment

Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
18 May 2026
~2 min
Source: The Hindu
Key Data:Section 43D(5) of UAPAArticle 21 of Constitution
Bodies:Supreme CourtHigh Court of Jammu & Kashmir and Ladakh
Practice MCQs from today's news ▸
What This Article Covers

1.The Supreme Court emphasized that binding precedents like the 2021 K.A. Najeeb judgment, which championed individual rights, must be followed by all courts.

2.The Bench criticized recent judgments that 'hollowed out' the reasoning of larger Benches, specifically mentioning the Gulfisha Fatima case where Umar Khalid was denied bail.

3.The court highlighted the conflict between Section 43D(5) of UAPA and Article 21, warning that treating pre-trial incarceration as punitive undermines the right to liberty.

The Big Picture
Prelims · HighMains · High

The Supreme Court has strongly reaffirmed that the principle 'bail is the rule, jail is the exception' applies even in stringent UAPA cases, linking prolonged pre-trial detention to a violation of the right to speedy trial under Article 21. This judgment signals a pro-liberty swing, directly questioning recent rulings that had diluted this right.

Exam Lens

Quick Exam Facts From News

Key Judgment CitedK.A. Najeeb case (2021)
UAPA Bail ProvisionSection 43D(5)
Constitutional ArticleArticle 21 (Right to Life & Personal Liberty)
Bench JusticesJustices B.V. Nagarathna and Ujjal Bhuyan

1-Minute Revision

  • ›Key Judgment Cited: K.A. Najeeb case (2021)
  • ›UAPA Bail Provision: Section 43D(5)
  • ›Target this Legal Point: Section 43D(5) of UAPA (the bail provision)
  • ›Target this Constitutional Article: Article 21 (Right to speedy trial & personal liberty)
  • ›Target this Case Law: K.A. Najeeb vs State of Kerala (2021) judgment

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Q1Static LinkageEasy

The Supreme Court judgment discussed the interface between the UAPA and which fundamental right under the Constitution?

Q2Statement-basedHard

Consider the following statements regarding the Supreme Court judgment:

1. It emphasized that the principle 'bail is the rule' applies even in cases under the Unlawful Activities (Prevention) Act (UAPA).

2. It directed the government to amend Section 43D(5) of the UAPA to make bail provisions less stringent.

3. It criticized its own recent judgment in the Gulfisha Fatima case for hollowing out the reasoning of the larger Bench in the K.A. Najeeb case.

Which of the statements given above is/are correct?

Q3Data-centricMedium

Which specific section of the Unlawful Activities (Prevention) Act (UAPA) contains the stringent bail provision discussed in the Supreme Court judgment?

Q4Application/ImpactMedium

What was the primary concern of the Supreme Court regarding the application of UAPA's bail provision, as per the judgment?

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