In a significant ruling on personal liberty and bail jurisprudence under the Unlawful Activities (Prevention) Act, 1967 (UAPA),
The Supreme Court today reiterated that “bail is the rule and jail is the exception,” even in cases of the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving allegations of terror funding and narco-terrorism.
The case arose out of a complaint registered by the National Investigation Agency (NIA) under Sections 17, 38 and 40 of the UAPA, along with offences under the NDPS Act and Section 120-B IPC. According to the prosecution, the accused persons were allegedly part of a narco-terror syndicate operating in Jammu & Kashmir with cross-border links to Pakistan-based terror organisations, including Lashkar-e-Taiba and Hizbul Mujahideen.
The NIA alleged that in June 2020, huge quantities of heroin and cash were recovered from various accused persons. The agency claimed that the syndicate procured narcotics from border areas near Pakistan-occupied Kashmir and used proceeds from drug trafficking to fund militant activities in the Union Territory. The prosecution further alleged that Andrabi had travelled to Pakistan in 2016 and maintained contact with handlers operating from across the border.
The appellant, however, argued that he had been falsely implicated and that the case against him primarily rested on disclosure statements. He contended that despite spending nearly five years in custody, the trial had barely progressed, with the prosecution citing over 250 witnesses and only a handful having been examined.
The Jammu & Kashmir and Ladakh High Court had earlier refused bail, observing that the allegations involved serious narco-terror activities and that material collected during the investigation prima facie established links between the accused and cross-border operatives.
Allowing the appeal, the bench of Justice Ujjal Bhuyan and BV Nagarathna relied upon the three-judge bench judgment in Union of India v. K.A. Najeeb, (2021) 3 SCC 713 and held that constitutional courts retain the power to grant bail in cases involving prolonged incarceration and delayed trial, notwithstanding the rigours of Section 43D(5) of the UAPA.
The Bench observed:
“Even under the UAP Act, bail is the rule and jail is the exception.”
The Court further clarified that K.A. Najeeb continues to remain binding precedent and cannot be “diluted, circumvented or disregarded” by trial courts, High Courts, or even smaller benches of the Supreme Court. Referring to the subsequent two-judge bench rulings in Gurvinder Singh vs. State of Punjab (2026), the Court noted that judicial discipline requires smaller benches to follow larger bench decisions or refer the matter to the Chief Justice of India if disagreement exists.
The Court referred to National Crime Records Bureau (NCRB) statistics placed before Parliament by the Ministry of Home Affairs and noted that UAPA conviction rates between 2019 and 2023 ranged between 1.5% and 4% nationally, while in Jammu & Kashmir, conviction rates remained below 1%. The Court observed that these figures reflected an overwhelming possibility of acquittal in such cases.
Emphasising that Article 21 protections apply irrespective of the nature of the allegations, the Court held that serious accusations cannot justify indefinite incarceration in the absence of a speedy trial.
The Court ultimately directed that Andrabi be released on bail subject to conditions imposed by the Special NIA Court, including surrender of passport, regular appearance before the local police station every fortnight, cooperation with trial proceedings, and refraining from influencing witnesses
Appearances
For Petitioner- Mr. Shadan Farasat, Sr. Adv. Mr. Talha Abdul Rahman, AOR Mr. Umair Andrabi, Adv. Ms. Tanisha, Adv. Mr. Naseer H Jafri, Adv. Mr. Dilwar H Barlaskar, Adv. Mr. Uzair, Adv. Mr. Deepesh Kasana, Adv. Ms. Suvarna Swain, Adv.
For Respondent- Mr. S.D. Sanjay, A.S.G. Mr. Khushal Kolwar, Adv. Mr. Akshat Agarwal, Adv. Ms. Mili Baxi, Adv. Mr. Aman Jha, Adv. Mr. Anuj Sriniva Udupa, Adv. Mr. Parthvi Ahuja, Adv. Mr. Arvind Kumar Sharma, AOR