Courts should not hesitate to grant bail in UAPA cases

• The Supreme Court recently held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian UAPA

Highlights:

• Unlawful Activities Prevention Act or UAPA - punishes terror acts.
• The judgment followed an appeal filed by a retired police constable accused of harbouring persons linked to the Popular Front of India (PFI).
• Bail can be granted if the conditions in the statute, in this case, UAPA, were met. Once a case for bail was made out, it cannot be denied or declined.
• Refusing bail to one who deserves it merely on the ground that the offence is serious would be a violation of the accused’s fundamental right to life and due procedure under Article 21 of the Constitution.

Prelims Takeaway

• UAPA