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Editorial · 2 min read · THE HINDU PAPER EDITORIAL

Supreme Court Upholds Liberty, Reiterates Bail as Rule in UAPA Cases

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The fundamental premise of justice dictates that individuals should not face indefinite detention without the prospect of a trial. However, the Unlawful Activities (Prevention) Act (UAPA), particularly its rigorous Section 43-D(5), has often led to such scenarios by making bail virtually unattainable if the prosecution puts forth a prima facie case. Recently, the Supreme Court, in *Syed Iftikhar Andrabi vs National Investigation Agency*, Jammu, delivered a pivotal judgment on May 18. This ruling underscored the enduring principle that bail should remain the norm, even within the confines of UAPA-related offenses. The Bench granted bail to Andrabi, who had endured over five years and nine months in pre-trial custody . Crucially, the Court clarified the legal standing for undertrials who have spent protracted periods incarcerated without a discernible trial conclusion. By asserting that the paramount rights to personal liberty and an expeditious trial cannot be subservient to the stipulations of Section 43-D(5), the judgment effectively did away with the rationale of two earlier two-judge Bench decisions: *Gurwinder Singh* (2024) and *Gulsha Fatima*. These rulings had endeavored to water down the principle established by the three-judge Bench in *K.A. Najeeb* (2021). The *Najeeb* verdict articulated that the rigours of Section 43-D(5) would dissipate when a trial’s conclusion was not imminent and substantial time had already been served. Furthermore, the Supreme Court affirmed that the two-judge Benches lacked the authority to deviate from a binding three-judge precedent. The *Gulsha Fatima* case, which denied bail to Umar Khalid and Sharjeel Imam despite their extensive incarceration, had misconstrued the *Najeeb* ruling as case-specific rather than a constitutional limitation. The *Andrabi* decision now rectifies this, implying that Khalid and Imam should have been granted bail under the broader interpretation of *Najeeb*. This judicial intervention is laudable , provided its dictates are uniformly applied in all similar situations, particularly concerning favourable bail consideration for those languishing in prolonged pre-trial detention. It squarely challenges the notion, as expressed by the Additional Solicitor General, that the presumption of innocence takes a backseat under UAPA’s statutory bail bar, thereby setting itself against constitutional principles and holding up the tenets of justice.

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Vocabulary from this Editorial

Affirmed verb

declared solemnly or publicly to be true; upheld.

Synonyms: asserted, declared, attested

"The appellate court affirmed the lower court's decision, upholding the conviction."

Asserting verb

stating a fact or belief confidently and forcefully.

Synonyms: affirming, declaring, maintaining

"She was asserting her right to privacy by refusing to share personal details."

Attenuate verb

to reduce the force, effect, or value of.

Synonyms: weaken, dilute, diminish

"The company tried to attenuate public criticism by issuing a sincere apology."

Binding adjective

(of an agreement or promise) involving an obligation that cannot be broken.

Synonyms: obligatory, compulsory, mandatory

"The contract was legally binding, and both parties had to adhere to its terms."

Challenges verb

questions the truth or validity of.

Synonyms: disputes, contests, questions

"The lawyer challenges the witness's credibility by presenting contradictory evidence."

Clarified verb

made less confused and more comprehensible.

Synonyms: explained, elucidated, simplified

"The teacher clarified the complex concept with a simple analogy."

Confines noun

the boundaries or limits of a place or situation.

Synonyms: limits, bounds, borders

"He felt restricted within the confines of his small office."

Custody noun

the protective care or guardianship of someone or something.

Synonyms: detention, imprisonment, care

"After the arrest, the suspect was taken into police custody."

Deviate verb

depart from an established course.

Synonyms: stray, diverge, digress

"Pilots must not deviate from the planned flight path without permission."

Dictates noun

authoritative orders or principles.

Synonyms: commands, decrees, mandates

"The company operates strictly according to the dictates of corporate social responsibility."

Discernible adjective

able to be perceived or recognized.

Synonyms: perceptible, observable, noticeable

"There was a discernible change in her attitude after the promotion."

Dissipate verb

(with reference to a feeling or other intangible thing) disappear or cause to disappear.

Synonyms: vanish, disperse, scatter

"The morning fog began to dissipate as the sun rose higher."

Endeavored verb

tried hard to do or achieve something.

Synonyms: attempted, strived, sought

"She endeavored to complete the project before the deadline."

Expeditious adjective

done with speed and efficiency.

Synonyms: prompt, swift, rapid

"The company promised an expeditious resolution to the customer's complaint."

Extensive adjective

covering or affecting a large area.

Synonyms: widespread, broad, comprehensive

"The library has an extensive collection of historical documents."

Favourable adjective

expressing approval; advantageous.

Synonyms: positive, approving, advantageous

"The committee gave a favourable review of her proposal."

Imminent adjective

about to happen; impending.

Synonyms: impending, forthcoming, close at hand

"The dark clouds indicated that a storm was imminent."

Indefinite adjective

lasting for an unknown or unstated length of time.

Synonyms: unlimited, indeterminate, unspecified

"The project was put on hold for an indefinite period."

Languishing verb

(of a person or thing) losing vitality, growing weak or feeble.

Synonyms: suffering, deteriorating, decaying

"The old building has been languishing in disrepair for decades."

Laudable adjective

(of an action, idea, or aim) deserving praise and commendation.

Synonyms: commendable, praiseworthy, admirable

"Her efforts to help the homeless were truly laudable."

Misconstrued verb

interpreted (something, especially a person's words or actions) wrongly.

Synonyms: misinterpreted, misunderstood, misread

"His silence was misconstrued as arrogance, when in fact he was just shy."

Paramount adjective

more important than anything else; supreme.

Synonyms: supreme, primary, principal

"Patient safety is of paramount importance in healthcare."

Pivotal adjective

of crucial importance in relation to the development or success of something else.

Synonyms: crucial, central, critical

"The invention of the wheel was a pivotal moment in human history."

Prima Facie adjective/adverb

based on the first impression; accepted as correct until proved otherwise.

Synonyms: apparent, evident, self-evident

"There was prima facie evidence to suggest he was involved in the crime."

Protracted adjective

lasting for a long time or longer than expected or usual.

Synonyms: prolonged, extended, lengthy

"The protracted negotiations finally led to a breakthrough."

Rationale noun

a set of reasons or a logical basis for a course of action or belief.

Synonyms: logic, reasoning, justification

"The rationale behind the new policy was to improve efficiency."

Rectifies verb

puts right; corrects.

Synonyms: corrects, amends, remedies

"The company rectifies errors promptly to maintain customer satisfaction."

Reinforcing verb

strengthening or supporting (an object or substance), especially with additional material.

Synonyms: strengthening, supporting, bolstering

"The new evidence is reinforcing the prosecution's case."

Repudiated verb

refused to accept or be associated with.

Synonyms: rejected, disavowed, renounced

"The politician repudiated the accusations as baseless and untrue."

Rigours noun

the demanding, difficult, or unpleasant conditions or circumstances.

Synonyms: harshness, severity, austerity

"The soldiers had to endure the rigours of winter training."

Subservient adjective

prepared to obey others unquestioningly; less important.

Synonyms: submissive, subordinate, secondary

"The junior employees were subservient to the senior management."

Substantial adjective

of considerable importance, size, or worth.

Synonyms: considerable, significant, sizable

"The project required a substantial investment of time and resources."

Underscored verb

emphasized.

Synonyms: highlighted, emphasized, stressed

"The report underscored the need for urgent action to address climate change."

Undertrials noun

persons who are on trial; persons held in custody awaiting trial.

Synonyms: defendants, accused, prisoners (awaiting trial)

"The new law aims to protect the rights of undertrials."

Uniformly adverb

in a consistent manner; without variation.

Synonyms: consistently, evenly, regularly

"The new policy was applied uniformly across all departments."

Unattainable adjective

not able to be achieved or reached.

Synonyms: impossible, unachievable, unreachable

"For many, the dream of homeownership feels increasingly unattainable."

Phrasal Verbs

puts forth

to present or propose something for consideration.

"The committee will put forth new recommendations next week."

did away with

to abolish or discard.

"The new management did away with the old, inefficient procedures."

water down

to make something less forceful or effective; to dilute.

"The original proposal was so strong, but the committee decided to water it down."

takes a backseat

to assume a less important or prominent position.

"Personal ambitions often take a backseat when family responsibilities arise."

setting itself against

to oppose or resist something.

"The activist group is setting itself against the proposed development project."

holding up

to sustain or support; to maintain.

"Despite the challenges, their determination is holding up their spirits."

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