NEW DELHI: The Supreme Court on Monday granted bail to Syed Iftikhar Andrabi, a Handwara resident facing trial in a high-profile narco-terror case, observing that “bail is the rule and jail is an exception” even in UAPA cases.A bench of Justices BV Nagarathna and Ujjal Bhuyan directed Andrabi to surrender his passport and report to the local police station once every 15 days.
The NIA registered the case in 2020 under the Unlawful Activities (Prevention) Act and IPC for alleged involvement in a cross-border syndicate linked to drug trafficking and terror financing in Jammu and Kashmir.The Court held that Section 43D(5) of UAPA, which imposes stringent bail conditions, cannot justify indefinite incarceration and must be read with Articles 21 and 22 of the Constitution.
“Bail the rule and jail the exception is a constitutional principle flowing from Article 21 and 22, and the presumption of innocence is the cornerstone of any civilized society governed by rule of law,” the bench said.The apex court also stated that its 2021 KA Najeeb ruling on UAPA bail is binding law and cannot be diluted or disregarded by trial courts, high courts, or smaller benches of the Supreme Court.Andrabi had challenged the J&K and Ladakh High Court order denying him bail. The High Court had noted that cellphone records indicated contact with terror operatives across the border.
