Basics
- UAPA (Unlawful Activities [Prevention] Act, 1967):
- India’s primary anti-terror legislation.
- Allows extended detention without bail.
- Bail provision: Courts cannot grant bail if, on the basis of police documents, accusations appear prima facie true.
- Bail Principle (Criminal Law):
- Accused is presumed “innocent until proven guilty.”
- Bail should be denied only if there is flight risk, chance of evidence tampering, or intimidation of witnesses.
- Problem in UAPA cases:
- Bail hearings mimic mini-trials.
- Courts rely only on the prosecution’s version (police reports), while defence is restricted.
- Given long trials (10+ years), denial of bail ≈ de facto conviction.
Relevance : GS II (Polity – Fundamental Rights: Article 21, Judiciary, Criminal Justice Reforms) + GS III (Internal Security – UAPA, Counterterrorism Laws).
Judicial Precedents
- NIA v. Zahoor Ahmad Shah Watali (2019):
- SC restricted lower courts from scrutinising prosecution evidence deeply during bail.
- Effectively made bail nearly impossible in UAPA cases.
- Bail Hearings as Trials:
- Courts reproduce police allegations without cross-examination or defence evidence.
- Defence limited to pointing out contradictions, not disproving accusations.
Systemic Issues
- Delayed Trials:
- UAPA trials often exceed 10 years.
- Low conviction rate (< 3%).
- Denial of bail = prolonged incarceration without proof of guilt.
- Procedural Imbalance:
- Police narrative dominates.
- Defence cannot meaningfully contest charges.
- Violates principle of natural justice and Article 21 (right to life and liberty).
- Impact on Rights:
- Pre-trial incarceration undermines “innocent until proven guilty.”
- Denial of bail becomes equivalent to punishment.
- Selective targeting (e.g., activists vs. hate speech perpetrators) raises concerns of misuse.
Broader Criminal Justice Concerns
- Overdependence on Harsh Laws:
- UAPA bypasses ordinary safeguards.
- Encourages investigative laxity (police can rely on prolonged detention without needing to secure early convictions).
- International Standards:
- ICCPR (International Covenant on Civil and Political Rights) protects liberty and presumption of innocence.
- India’s UAPA framework risks violating these obligations.
Way Forward
- Short Term:
- SC to “read down” UAPA bail restrictions, allow deeper scrutiny of police reports.
- Fast-track UAPA cases with statutory timelines for trial completion.
- Medium Term:
- Introduce sunset clauses or periodic review of UAPA cases.
- Incorporate proportionality test: extended detention only if justified by specific threats.
- Long Term:
- Comprehensive criminal justice reform (investigation, trial efficiency).
- Balance security needs with fundamental rights.
- Consider alternatives: surveillance, house arrest, bail with strict conditions.
