In a significant ruling on Tuesday, the Supreme Court of India reiterated the legal maxim “Bail is the rule, and jail is the exception,” affirming its applicability even under special statutes such as the Unlawful Activities (Prevention) Act (UAPA). The court granted bail to Jalaluddin Khan, a man implicated under the stringent anti-terror law, emphasizing the adherence to fundamental rights.
Justices Abhay S. Oka and Augustine George Masih presided over the bench that delivered the judgment. They highlighted the importance of judicial discretion in bail matters and warned against the violation of constitutional rights. “Allegations of the prosecution may be very serious, but it is the court’s duty to consider the case for bail in accordance with the law,” Justice Oka stated during the pronouncement.
Khan was arrested for allegedly renting out the upper floor of his property to members of the banned organization, Popular Front of India (PFI). The National Investigation Agency (NIA) claims that this act was part of a broader conspiracy to foster terror and violence, thereby threatening the unity and integrity of the nation. The rented premises, located in Phulwarisharif, Patna, were supposedly used for training in violent acts and hosting meetings to plot criminal activities.
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The case drew additional scrutiny as it was linked to potential disturbances planned during Prime Minister Narendra Modi’s scheduled visit to Bihar in 2022. Despite these serious allegations, the apex court’s decision to grant bail underscores its commitment to ensuring that the principle of liberty is not overshadowed by the severity of charges, aligning with the protections guaranteed under Article 21 of the Indian Constitution.
