High Court Grants Bail to UAPA Accused; UAPA Cases see YOY Jump

On 12 Aug, the Punjab and Haryana High Court granted bail to an accused under the Unlawful Activities Prevention Act (UAPA), citing the fundamental right to a speedy trial as protected by Article 21 of the Constitution of India. The Division Bench emphasized that while the conditions for granting bail under UAPA are stringent, the court must ensure that the lengthy trial process does not become a punishment in itself. The accused, a 26-year-old, had been in custody for one year and eight months, with no recovery of incriminating material. The Bench noted none of the 25 prosecution witnesses had been examined, making it impossible to predict when the trial would conclude (SDW Vol 2 Issue 10, Story 4). In Panjab, between 2021-22, the number of individuals incarcerated under UAPA saw an increase, from 14 to 25. In India, this number jumped from 796 in 2020 to 1,005 in 2022. The conviction rate under UAPA is less than 3%. One reason for the rise is a 2019 amendment to UAPA which authorizes state police to charge individuals under the act. Earlier UAPA was for organizations and authorization was by the National Investigative Agency (NIA). In another case, under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-NDPS), Panjab Police have transferred Balwinder Singh, a drug smuggler, to Assam’s Dibrugarh Jail where Khadoor Sahib MP Amritpal Singh is also lodged. Balwinder was apprehended during a joint operation by the Narcotics Control Bureau and Panjab Police. This is Panjab's first case of an NDPS detainee being sent to an out-of-state jail with approval from the Ministry of Home Affairs.