Supreme Court grants bail to man jailed for over 2 years under UAPA

New Delhi: The Supreme Court on Friday, December 5, granted bail to a man who had been arrested in Assam under the draconian Unlawful Activities (Prevention) Act (UAPA) for more than 2 years without a chargesheet.

The Gauhati High Court had denied him bail, citing that he was a foreign national as per the Assam police’s claims.

A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case, observing that the continued detention past the 180-day limit, including the Court’s express order, cannot be considered lawful.

Under the UAPA Act, Section 43D provides that upon default bail, the investigation must end and a chargesheet be filed within 90 days. If that’s not possible, a court can, based on a report from the Public Prosecutor detailing the investigative progress and reasons for further detention, extend the period for up to 180 days.

Displeased by the petitioner’s “illegal custody” extending two years, Justice Mehta asked the Assam Standing Counsel, “Whatever the stringent provisions may be, this Act (UAPA) does not prevent any action taken which creates a situation of illegal custody. This is appalling! For 2 years, you have not filed a chargeshee,t and the man is in custody? Do you consider yourself to be a premier agency of the country?”

Petitioner booked in 2023

Assam police initially booked the petitioner on July 23, 2023, while he was allegedly in possession of Rs 3.25 lakh of Indian currency in a case of extortion.

The petitioner was later taken into custody based on a production warrant.

In 2024, while his case was being heard in the High Court, Konyak claimed that he belonged to the Konyak tribe of Nagaland and that his family members are also residents of Nagaland, to prove he is not from Myanmar.

However, the High Court held that the petitioner had entered India illegally and was therefore not eligible for default bail under Section 43D(7) of the UAPA. It refused bail, observing that the petitioner had not demonstrated any exceptional circumstances warranting release.