← Today's Edition

Supportive

The bail rule: On liberty and the Andrabi ruling

The Supreme Court's Syed Iftikhar Andrabi judgment significantly reasserted bail as the rule under UAPA, even with delayed trials, overriding Section 43-D(5). It disapproved earlier rulings like Gurwinder Singh and Gulfisha Fatima for diluting the K.A. Najeeb principle, which prioritizes personal liberty and speedy trial when incarceration is substantial. This "welcome intervention" clarifies two-judge benches cannot deviate from binding three-judge rulings. It challenges the UAPA's presumption of guilt, upholding constitutional principles, impacting those like Umar Khalid denied bail.

The Hindu · The Hindu · May 20, 2026 at 7:12 PM

More summaries by The Hindu

Related Insights