Supreme Court Upholds Bail Rights for Undertrials under UAPA & PMLA – Impact on Article 21
The BNSS Quarterly Digest for Jan‑Mar 2026 records a landmark judgment where the Supreme Court intervened in a bail petition concerning an under‑trial accused detained under the UAPA and PMLA. The Court scrutinised the Delhi High Court’s order denying bail and examined the constitutional guarantee under Article 21 against prolonged pre‑trial incarceration.
Key Developments
- Supreme Court set aside the Delhi High Court’s denial of bail, directing the lower court to re‑evaluate the petition in light of constitutional safeguards.
- The bench reiterated that bail under UAPA and PMLA must still conform to the “reasonable restriction” test under Article 21.
- The judgment highlighted that indefinite pre‑trial detention without a compelling justification infringes on personal liberty and may amount to a violation of constitutional rights.
- Guidelines were issued for courts to balance national security concerns with individual rights, emphasizing the need for a case‑by‑case assessment.
Important Facts
- The accused had been in custody for more than 18 months before the bail petition was filed.
- The Delhi High Court had relied on the “nature of the offence” and “risk of tampering with evidence” to deny bail.
- The Supreme Court observed that the prosecution had not demonstrated a concrete risk that justified such prolonged detention.
- The decision re‑affirms the principle that the presumption of innocence continues until a conviction is recorded, even under special statutes.
Exam Relevance
This judgment touches upon several core UPSC topics:
- Co