On Tuesday, the Supreme Court of India delivered a landmark judgment, reiterating the maxim that "bail is the rule, and jail is the exception," affirming its significance even under stringent statutes such as the Unlawful Activities (Prevention) Act (UAPA). The court underscored this principle by granting bail to Jalaluddin Khan, who was detained under this rigorous anti-terrorism law, thereby underlining the imperative of upholding fundamental rights.
The panel, consisting of Justices Abhay S. Oka and Augustine George Masih, highlighted the vital importance of judicial discretion in decisions regarding bail. They asserted that, regardless of the seriousness of the charges, the court is obliged to evaluate bail requests on the basis of legal tenets, rather than solely on the gravity of the accusations. "While the prosecution's allegations may be grave, the court's obligation is to appraise the bail petition according to the law," stated Justice Oka.
The allegations leading to Khan’s detention involved him allegedly leasing the upper level of his property in Phulwarisharif, Patna, to members linked to the proscribed group, Popular Front of India (PFI). The National Investigation Agency (NIA) claimed that this lease was part of a broader scheme to foment terror and violence, threatening the country's unity and integrity. The NIA alleged that the leased premises were utilized for training in violent tactics and for orchestrating meetings to plan unlawful activities.
This verdict not only illuminates the judicial stance on bail within the ambit of special legislation but also accentuates the necessity of protecting constitutional liberties amidst grave charges.
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