New Delhi, May 18 — The Supreme Court on Monday granted bail to Syed Iftikhar Andrabi, an accused in a high-profile narco-militancy case being investigated by the National Investigation Agency, while observing that “bail is the rule and jail is the exception” even in cases registered under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices BV Nagarathna and Ujjal Bhuyan granted relief to the Handwara resident and directed him to surrender his passport and report to the local police station once every 15 days.
The NIA is probing the 2020 case involving allegations of cross-border drug trafficking and financing militancy in Jammu and Kashmir under provisions of the UAPA and the Indian Penal Code.
“Bail is the rule and jail the exception is a constitutional principle flowing from Articles 21 and 22 and the presumption of innocence is the cornerstone of any civilised society governed by rule of law,” the bench observed.
The court further held that Section 43D(5) of the UAPA, which imposes stringent restrictions on grant of bail, “cannot justify indefinite incarceration” and must operate subject to constitutional safeguards under Articles 21 and 22.
Referring to the landmark 2021 judgment in the Union of India vs K A Najeeb case, the apex court said the ruling remained binding law and “cannot be diluted, circumvented or disregarded” by trial courts, high courts or even smaller benches of the Supreme Court.
Andrabi had approached the apex court after the High Court of J&K and Ladakh rejected his bail plea, observing that scrutiny of cellphone records suggested he was in contact with operatives across the border.