Supreme Court Mulls Larger Bench on UAPA Bail Standards after Conflicting Judgments

Overview The Supreme Court was told orally that the question of granting bail under the UAPA may need a larger bench . The request came after two‑judge benches delivered apparently opposite rulings on the legal standard for bail in terrorism cases. Key Developments Additional Solicitor General SV Raju asked the bench of Justice Aravind Kumar and Justice P.B. Varale to defer the matter for a day so that he could study the recent Syed Iftikhar Andrabi v. NIA judgment. The Andrabi judgment, delivered by Justices BV Nagarathna and Ujjal Bhuyan , reaffirmed that bail is the rule even in UAPA cases and criticised earlier narrow interpretations. The bench highlighted that earlier decisions by Justice Aravind Kumar in the Khalid and Gurwinder Singh cases seemed to ignore the three‑judge precedent in Union of India v. K.A. Najeeb , which allows bail when prolonged incarceration is likely. Justice Bhuyan warned that a decision of a smaller bench must follow the ratio of a larger bench, or the issue should be referred to a larger bench for authoritative clarification. Despite the strict Section 43D(5) , the ASG did not oppose interim bail for the petitioners. Important Facts 1. The petitioners are Tasleem Ahmed and Khalid Saifi , accused in the 2020 Delhi riots larger conspiracy case. Both have spent over five years in custody. 2. Ahmed faces charges under multiple sections of the UAPA , the Indian Penal Code, the Prevention of Damage to Public Property Act, and the Arms Act. 3. Saifi is alleged to have used WhatsApp groups to incite violence and to have directed the covering of police CCTV cameras with black tape. 4. Earlier, the Supreme Court granted bail to five co‑accused in January 2026 but denied bail to Umar Khalid and Sharjeel Imam . The present petition seeks parity with those granted bail. UPSC Relevance The case illustrates several core topics for the Civil Services Examination: Judicial hierarchy and precedent‑binding : Understanding how a larger bench overrides a smaller bench is essential for GS2 (Polity). UAPA and its bail provisions : The tension between national security and individual liberty is a recurring theme in GS2 and GS3 (Security). Role of the ASG and the Government’s stance : Highlights the executive’s involvement in shaping legal policy, relevant for GS2. Procedural safeguards and rights of the accused : Connects to fundamental rights under Article 21, a frequent GS2 question. Way Forward Given the conflicting judgments, the Supreme Court is likely to constitute a larger bench to settle the standard for bail under UAPA . A clarified standard will affect future terrorism‑related prosecutions and the balance between security and civil liberties. Aspirants should monitor the final judgment, as it will shape jurisprudence on bail, influence legislative amendments to Section 43D(5) , and guide policy debates on preventive detention.