Delhi Police Urge Supreme Court Larger Bench Review on UAPA Bail Curbs
The Delhi Police has moved the Supreme Court for a larger bench to resolve conflicting rulings regarding bail under the UAPA. Represented by Additional Solicitor General S.V. Raju, the police contend that a May 18 ruling failed to account for statutory bail bars where the presumption of innocence is secondary to national security.
The core of the dispute lies in Section 43D(5) of the UAPA. This provision restricts bail if a court finds reasonable grounds to believe accusations are prima facie true, a threshold that diverges sharply from standard criminal procedure where bail is the norm. The Delhi Police argues that coordinate benches of the Supreme Court have delivered inconsistent judgments on how extended trial delays intersect with these strict statutory mandates.
By requesting a larger bench on May 20, 2026, the state seeks to clarify whether the legislative intent behind the UAPA should override Article 21 rights during prolonged pre-trial detention. A larger bench would be tasked with reconciling the tension between constitutional protections for the accused and the special evidentiary bars designed to counter terrorism.
| Legal Provision | Impact |
|---|---|
| UAPA Section 43D(5) | Statutory bar on bail if accusations are 'prima facie' true |
| Presumption of Innocence | Argued to take a 'backseat' in special statutes |
| Article 21 | Used by defense to seek bail due to prolonged trial delays |
| Requested Action | Reference to a larger Bench of the Supreme Court |
Glossary
Coordinate Bench: A bench of the same strength (number of judges) as another bench that previously decided a similar point of law.
Prima Facie: Latin for 'at first sight'; evidence that is sufficient to establish a fact unless disproved.
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