UAPA: All India Annual Digest 2025

Supreme CourtArticle 21 - Applicability of Section 436-A CrPC - Article 21 vs. National Security - Supreme Court clarified that Section 436-A CrPC expressly excludes offences for which death is a prescribed punishment - the accused were charged under Section 302 IPC and Section 16 UAPA (both punishable by death), they were ineligible for bail under this specific provision - While Article 21 rights (speedy trial, liberty) are sacrosanct and apply to all prisoners, they are not absolute - In cases involving "heinous offences" that threaten national security or sovereign authority, individual liberty must be balanced against the integrity of the nation - In statutes like UAPA where a "reverse burden of proof" exists (Section 43E), prolonged incarceration is particularly "insidious." - Held that the State and Judiciary must ensure such accused are "meaningfully equipped" with legal aid and resources to reclaim their innocence, as procedural delays otherwise make liberty "hostage to clogged dockets." - Held that the High Court erred in its initial legal reasoning for granting bail, the Supreme Court declined to cancel it- Noted the "glacial pace" of the trial (15 years pending) and that the accused had not misused their liberty, influenced witnesses, or delayed the trial during the three years they were out on bail. [Relied on Union of India v. K.A. Najeeb (2021) 3 SCC 713; Paras 11-16, 18, 19, 21, 22] Central Bureau of Investigation v. Dayamoy Mahato, 2025 LiveLaw (SC) 1196 : 2025 INSC 1418Article 21 - Right to Speedy Trial - Undertrial Accused - Prolonged Detention - Excessive Witnesses - Judicial Responsibility - Accused, charged under UAPA for alleged Naxalite activities, in custody since 2020. Prosecution planned to examine 100 witnesses, with 42 already examined, many providing repetitive testimonies. Bail granted due to excessive trial delays violating the fundamental right to a speedy trial under Article 21, irrespective of the offence's gravity. Prolonged detention (6-7 years) as an undertrial, coupled with unnecessary examination of excessive witnesses to prove a single fact, deemed unwarranted.. Delayed trials cause significant stress, financial loss, social stigma, and disruption to the accused's life, with no remedy for acquitted individuals. Such delays undermine justice for the accused, victims, society, and the judicial system's credibility. Courts must leverage Criminal Procedure Code provisions to ensure efficient trial progression. Supreme Court allowed the appeal, set aside the High Court's order denying bail, and granted bail to the accused. [Para 14, 15] Tapas Kumar Palit v. State of Chhattisgarh, 2025 LiveLaw (SC) 211 : 2025 INSC 222 : AIR 2025 SC 940Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act); Sections 8(c), 21(c), 23(c), and 29 - Unlawful Activities (Prevention) Act, 1967 (UAPA); Sections 17, 18, and 22C - Penal Code, 1860; Section 120B - Supreme Court refuses bail in 2,988 kg heroin seizure case at Mundra Port (2021) but holds NIA's allegation of terror-financing linkage with LeT as premature and speculative; no compelling evidence at this stage to connect the accused to the prescribed terrorist organizations; liberty granted to re-approach after 6 months or trial advancement. (Para 34) Harpreet Singh Talwar @ Kabir Talwar v. State of Gujarat, 2025 LiveLaw (SC) 556 : 2025 INSC 662Section 18-20 – Bail – Held, no UAPA offence over attending meeting of organization which isn't banned - Upheld the order of granting bail to the accused by High Court citing it to be fully justified and reasonable citing that allegations against him were related to his connections with an organization named AL-Hind, which is not a banned organization under UAPA - High Court's order was passed in April 2022, and it would not be 'just and proper to interfere with the same at this stage'- Charges had not been framed and the trial had not yet commenced, despite the accused having been in custody for 5.5 years - The trial had not commenced despite a lapse of 5.5 years and that 'accused cannot be allowed to languish in jail without being given a fair and speedy trial' - Directed Trial Court to expedite and conclude the trial within 2 years, noting that there were more than 100 witnesses to be examined - Appeals dismissed. [Paras 8-13] Union of India v. Saleem Khan, 2025 LiveLaw (SC) 833 : 2025 INSC 1008Section 19 - Arrest under Special Acts – Judicial Review – Safeguards and Standards - In Vijay Madanlal Choudhary v. Union of India, 2022 SCC OnLine SC 929, held that arrests under the PMLA are subject to stringent safeguards under Section 19, ensuring accountability and preventing arbitrary actions by authorized officers. The officer must have material-based "reasons to believe" the person is guilty of money laundering, and the arrestee must be informed of the grounds of arrest promptly. Courts, when reviewing such arrests under special statutes like PMLA, UAPA, Customs Act, GST Acts, etc., should ...

UAPA: All India Annual Digest 2025

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