Supreme Court Reaffirms “Bail is Rule and Jail is the Exception” Even Under UAPA

The Supreme Court of India has reaffirmed that “bail is the rule and jail is the exception,” even in cases under the Unlawful Activities (Prevention) Act.

A bench comprising Justice Ujjal Bhuyan and Justice BV Nagarathna held that restrictions under Section 43D(5) of the UAPA cannot override constitutional protections under Articles 21 and 22.

The Court stressed that personal liberty and the presumption of innocence remain central to criminal jurisprudence.

The observations came while granting bail to a Jammu & Kashmir accused in a narco-terror case investigated by the National Investigation Agency.

[Syed Iftikhar Andrabi v. National Investigation Agency, Jammu]