What did the Supreme Court say about bail under UAPA?

📌 Summary:

• On May 22, the Supreme Court granted six months' interim bail to two accused in the 2020 Delhi riots case and referred to a larger Bench whether prolonged incarceration and trial delay can override the stringent bail curbs under anti-terror laws such as the UAPA, 1967

• The UAPA empowers the Centre to designate not only organisations but also individuals as "terrorists"

• The 2021 ruling in Union of India v. K.A. Najeeb established that an undertrial cannot be made to wait in jail indefinitely for trial to conclude, however grave the offence; constitutional courts may "melt down" the rigour of the bail bar

• On May 18, in Syed Iftikhar Andrabi v. NIA, Justices B.V. Nagarathna and Ujjal Bhuyan said smaller Benches were "hollowing out" the Najeeb principle — questioning the January 2026 verdict that denied bail to Umar Khalid and Sharjeel Imam despite over five years in jail

• Section 43D(5) of the UAPA makes bail very difficult: its proviso bars bail if a court, on the case diary or chargesheet, finds "reasonable grounds" to believe the accusations are prima facie true

• The 2019 NIA v. Zahoor Ahmad Shah Watali ruling held that courts need not do an "elaborate examination" of evidence — only glance at "broad probabilities" — effectively reversing the presumption of innocence and "bail, not jail"

• Justice Kumar referred the perceived conflict between coordinate Benches to a larger Bench, holding that such a conflict needs "resolution", not merely "serious reservation"

🎯 UPSC Relevance: GS3 — internal security laws and the balance between anti-terror provisions and civil liberties; GS2 — judicial process, personal liberty under Article 21, and the role of constitutional courts.

📝 Prelims Facts:

• The Unlawful Activities (Prevention) Act was enacted in 1967; the 2019 amendment allowed designation of individuals as terrorists

• Section 43D(5) is the stringent bail-restricting provision of the UAPA

• Key cases: K.A. Najeeb (2021), Zahoor Ahmad Shah Watali (2019), Syed Iftikhar Andrabi (2026)

🔑 Key Term: Prima facie — "on the face of it"; under Section 43D(5) UAPA a court denies bail if material prima facie suggests the accusation is true, without a detailed assessment of evidence.