The Supreme Court of India has reaffirmed that even under UAPA, 'bail is the rule and jail is the exception.' A bench of Justices B.V. Nagarathna and Ujjal Bhuyan questioned a previous two-judge bench's decision to deny bail to Umar Khalid and Sharjeel Imam, stating it ignored binding precedents from a larger three-judge bench in the K.A. Najeeb case. The court granted bail to Syed Iftikhar Andrabi, who was in custody for 5 years, emphasizing that prolonged incarceration justifies bail despite strict UAPA provisions, as fundamental rights under Article 21 remain paramount.
https://www.punjabitribuneonline.com/news/delhi/scs-big-statement-on-the-decision-to-cancel-the-bail-of-umar-khalid-and-sharjeel-imam-bail-rules-and-jail-are-exceptions-in-uapa-cases-too/
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