On Tuesday (August 13, 2024), the Supreme Court granted bail to a man charged under the stringent anti-terrorism law and held that under such statutes even offenses against special laws like the Unlawful Activities (Prevention) Act falls within this legal principle of “Bail is rule, jail is exception”.
Justices Abhay S. Oka and Augustine George Masih said that if courts begin denying bail in deserving cases, then it would be an infringement of fundamental rights.
“The allegations by the prosecution may be very grave but it is for the court to consider whether the case is made out for grant of bail or not. Bail is rule jail is exception applies even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21,” said the Bench while delivering its verdict.
The judgment was passed while granting bail to Jalaluddin Khan. Mr. Khan had been accused under provisions of UAPA and other sections of erstwhile Indian Penal Code for letting out upper floors of his house to alleged PFI activists.
According to the National Investigation Agency, investigation revealed that there was a conspiracy with a view to committing terror and violence leading to creation of an ambience of terror and endangering unity and integrity of India.
To achieve their objective, accused persons arranged rented accommodation at Ahmad Palace in Phulwarisharif (Patna) where they used premises for imparting training in commissioning acts of violence as well as holding criminal conspiracy meetings.
During 2022 intending visit by Prime Minister Narendra Modi, Bihar Police received information about plan by some accused persons who intended causing pandemonium.
A raid on Khan’s residence was conducted at Phulwarisharif Police station following a tip off on July 11th , 2022
