New Delhi: The Supreme Court on Friday referred to a larger bench a key legal question on whether prolonged incarceration and delay in trial can be grounds for granting bail under the stringent Unlawful Activities (Prevention) Act (UAPA), amid differing judicial views on the issue.
A Bench led by Justice B.V. Nagarathna and Justice Ujjal Bhuyan directed that the matter be placed before the Chief Justice of India for constitution of an appropriate larger bench to settle the legal position.
The issue arose while hearing bail pleas of two accused in the 2020 Delhi riots conspiracy case, during which the Centre argued that courts should not grant bail solely on the ground of long incarceration in UAPA cases, citing the example of 26/11 Mumbai terror attacker Ajmal Kasab.
The Union government contended that such an interpretation could dilute the stringent bail provisions under Section 43D(5) of the anti-terror law.
The Bench noted an apparent conflict between recent rulings on the issue, including the 2021 K.A. Najeeb judgment, which held that constitutional courts could grant bail where prolonged incarceration violates the right to speedy trial, and later rulings that took a stricter view.
Pending a final decision by the larger bench, the court granted interim bail to the two accused in the Delhi riots case.