UAPA, Bail And Article 21: Why The Supreme Court’s Liberty Course Correction Matters |
The Supreme Court’s reconsideration of its own interpretation of the Unlawful Activities (Prevention) Act marks a significant, though belated, correction in the balance between state power and individual liberty. Better late than never, one might say.
The judiciary appeared trapped within the rigid framework it had itself erected through its January judgment that effectively subordinated the principle of liberty to the state’s invocation of national security.
Court revisits interpretation of UAPA
While hearing the bail petitions of former JNU student leaders Umar Khalid and Sharjeel Imam in the 2020 Delhi riots “larger conspiracy case”, the court had expressed its helplessness before Section 43-D(5) of the UAPA.
The provision virtually prohibits bail if the court believes the accused to be........