The Supreme Court reaffirmed that bail remains the rule and jail the exception, even in cases under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices BV Nagarathna and Ujjal Bhuyan granted bail to Syed Iftikhar Andrabi, a Handwara resident facing trial in a major narco‑terror case linked to cross‑border drug trafficking and terror financing in Jammu and Kashmir.
The court directed Andrabi to surrender his passport and report to the local police station once every 15 days. The National Investigation Agency (NIA) has been probing the case registered in 2020 under various sections of the UAPA and IPC.
The bench observed that Section 43D(5) of the UAPA cannot justify indefinite incarceration and must operate within the constitutional framework of Articles 21 and 22. “Bail the rule and jail the exception is a constitutional principle flowing from Articles 21 and 22, and the presumption of innocence is the cornerstone of any civilised society governed by rule of law,” the judges stated.
The Supreme Court also reiterated that its 2021 verdict in the KA Najeeb case remains binding and cannot be diluted or disregarded by lower courts. Andrabi had earlier challenged the Jammu and Kashmir High Court’s order denying bail based on cellphone records linking him to alleged terror operatives.
