Supreme Court grants bail in J&K narco-terror case, says jail cannot be the norm under UAPA

Observing that bail is the rule and jail is an exception even in UAPA cases, the Supreme Court on Monday granted bail to a man facing trial in a high-profile narco-terror case for his alleged involvement in a cross-border syndicate engaged in drug trafficking and financing terror in Jammu and Kashmir. A bench of Justices BV Nagarathna and Ujjal Bhuyan granted relief to Handwara resident Syed Iftikhar Andrabi and directed him to surrender his passport and report to the local police station once in 15 days.

The NIA is investigating the case filed in 2020 under relevant sections of the Unlawful Activities (Prevention) Act and the IPC. The top court said Section 43D(5) of the UAPA cannot justify indefinite incarceration and must operate subject to Articles 21 and 22. The section outlines stringent bail restrictions. "Bail the rule and jail the exception is a constitutional principle flowing from article 21 and 22 and the presumption of innocence is the cornerstone of any civilized society governed by rule of law," the bench said. The apex court made it clear that its judgement in the KA Najeeb case is a binding law and cannot be diluted, circumvented or disregarded by trial courts, high courts or even by benches of a lower strength of this court. The KA Najeeb case is a landmark Supreme Court ruling delivered in 2021 regarding bail under the UAPA. Andrabi had challenged an order passed by the High Court of J&K and Ladakh, which dismissed his bail, saying scrutiny of cellphone records indicated that Andrabi had been in touch with terror operatives across the border.