Delhi police suggest larger SC Bench to review UAPA bail curbs
The Delhi police on Tuesday told the Supreme Court that the question of whether prolonged incarceration and delay of trial could override the statutory restrictions on bail under anti-terror laws such as the Unlawful Activities (Prevention) Act, 1967, may warrant consideration by a larger Bench in view of two “conflicting” judgments rendered by coordinate Benches.The oral submission was made before a Bench of Justices Aravind Kumar and P.B. Varale at the hearing of bail petitions filed by the 2020 Delhi riots accused Abdul Khalid Saifi and Tasleem Ahmad, challenging the September 2, 2025, order of the Delhi High Court denying them bail.
Referring to a judgment delivered a day earlier by a Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, which held that “bail is the rule and jail is an exception” even in prosecutions under the UAPA, Additional Solicitor-General S.V. Raju, appearing for the Delhi Police, said that the ruling may not have laid down the correct position in law.
“When there is a presumption in law, as contained in Section 43D(5) of the UAPA, which is a mandatory presumption, and the word used is ‘shall’, then the presumption of innocence of the accused takes a back seat... that aspect has been lost,” he said.
During the hearing, Justice Kumar asked Mr. Raju whether his position was that the coordinate Bench had committed an error.
“That is going to be my submission, provided I read the judgment. I have not read the judgment because I did not have time,” Mr. Raju responded.
He submitted that while he was not opposing interim bail for the two accused, the broader legal issue required consideration by a larger Bench in light of the “conflicting” rulings.
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