Supreme Court Refuses To Interfere With Denial Of Bail To Ex-J&K Bar Association President In UAPA Case, Seeks Report On His Health

The Supreme Court today refused to interfere on merits with the Jammu and Kashmir High Court's order rejecting bail to former High Court Bar Association, Kashmir President Mian Abdul Qayoom in a case registered under the Unlawful Activities (Prevention) Act, 1967.

A bench of Justice MM Sundresh and Justice N Kotiswar Singh, however, directed constitution of a special medical team at AIIMS Jammu to assess his medical condition, including the need for palliative care and whether a transfer to Delhi is required for treatment.

“We are not inclined to interfere with the impugned order on merits. The only issue for consideration is the medical condition of the petitioner. For that limited purpose, we are inclined to direct the Director, AIIMS Jammu, to constitute a special medical team to examine the petitioner, including assessing the need for palliative care. The report shall also indicate the facilities available in Jammu and whether there is any need to transfer the petitioner to Delhi for further treatment”, the Court ordered.

The Court directed that the report be filed within three weeks, and kept the case on March 24 for further consideration.

The Court was hearing Kayum's plea challenging the Jammu Kashmir and Ladakh High Court's order denying him bail on medical grounds.

Additional Solicitor General Nataraj for the Union Territory of Jammu and Kashmir submitted that Qayoom has been periodically examined and that his health condition is stable. He told the Court that he is being provided treatment at Government Medical College, Jammu as and when required.

Senior Advocate S. Muralidhar for Qayoom submitted that he is 77 years old and has a heart pacemaker. He urged the Court to consider palliative care in light of his condition.

Background

The case relates to the killing of Advocate Babar Qadri. On September 24, 2020, an FIR was registered at Police Station Lal Bazar under Section 307 IPC, Sections 7/27 of the Arms Act and Sections 16/18 of the UA(P) Act after he was shot at. He later succumbed to his injuries, following which offences including Section 302 IPC and other provisions of the UA(P) Act were invoked.

A charge sheet was filed before the Special NIA Court, Srinagar on May 5, 2021 against six accused persons. Qayoom was not initially arraigned. On July 20, 2023, on an application moved by the father of the deceased seeking further investigation, the probe was transferred from the State Police to the National Investigation Agency and a Special Investigation Team was constituted.

Qayoom was formally arrested on June 25, 2024 after his alleged involvement surfaced during further investigation. On August 18, 2025, charges were framed against him under Sections 16(1)(a), 18 and 38 of the UA(P) Act.

His trial was transferred from the Special NIA Court at Srinagar to the Designated Court at Jammu after the High Court observed that in view of the alleged dominant position and influence enjoyed by him, it would not be possible to have a free and fair trial at Srinagar.

On September 27, 2025, the trial court rejected his plea for bail on medical grounds. The High Court, on December 16, 2025, dismissed his appeal. It observed that he had undergone pacemaker implantation at Government Medical College, Jammu on November 11, 2024 and that as per the latest medical examination dated October 20, 2025, his condition was stable.

The High Court held that bail on medical grounds can be granted only in exceptional cases where adequate treatment cannot be provided in custody and found that no such case was made out. Qayoom then challenged this order before the Supreme Court.

Case no. – SLP(Crl) No. 1381/2026

Case Title – Mian Abdul Qayoom v. Union Territory of Jammu and Kashmir