Supreme Court reaffirms bail as norm in UAPA cases, questions previous order

The Supreme Court has ruled that the legal principle of bail being the norm and jail being the exception remains applicable even in cases filed under the Unlawful Activities Prevention Act. The apex court expressed serious reservations regarding its own previous order that denied bail to a former student leader involved in the Delhi riots conspiracy case. The court observed that the earlier ruling failed to properly apply established principles on prolonged pre-trial detention. It underscored that while the anti-terror law imposes strict conditions on granting bail, these restrictions cannot override the constitutional guarantee of personal liberty. The court noted that denial of bail must not be treated as automatic merely because charges are framed under the stringent law. The ruling highlighted that conviction rates in such cases remain extremely low across India, with a vast majority of accused individuals being acquitted after enduring lengthy trials and prolonged incarceration. The court specifically pointed out the low conviction rates in Kashmir to emphasize the need for upholding personal liberty during trials.