“Supreme Court Upholds Bail Denial in UAPA Case: Delay Not a Deciding Factor”

Background:

The Supreme Court denied bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”) for allegedly promoting the Khalistani terror movement. The appellant had been in jail for over 5 years, with only 19 out of 106 witnesses examined during this time.

Court’s Decision:

The Bench of Justices MM Sundresh and Aravind Kumar emphasized that mere delay in trial is not grounds for bail in grave offences like those under the UAPA. They noted the prima facie complicity of the accused in terrorist activities and the possibility of key witnesses being influenced if he were released on bail.

Comparison with Previous Cases:

The Court distinguished this case from Union of India v. K.A. Najeeb, LL 2021 SC 56, where bail was granted due to a separate trial for Najeeb and his already undergone imprisonment.

Factual Background:

The accused was implicated in a case involving the “Sikhs for Justice” terrorist organization, charged with illegally receiving funds and attempting to procure weapons for promoting separatist ideology.

Legal Test for Bail under UAPA:

The Court summarized the two-prong test for bail under UAPA, including whether the allegations make out an offence under UAPA and whether the accused deserves bail based on general principles.

Conclusion:

After applying the legal test, the Court rejected the appellant’s appeal for bail, emphasizing the seriousness of the charges and the potential threat posed by his release.