Supreme Court: Multiple Cases Alone Cannot Justify an Externment Order  ||  Supreme Court: Certiorari Can Quash a Tribunal Decision That is Grossly Perverse  ||  Supreme Court: Informant’s Consent is Not Required to Quash a Case Settled With the Victim  ||  Madras High Court: False Posts Against a Minister are Not an Offence Without Intent to Cause Alarm  ||  Delhi High Court: Police Cannot Pick and Choose Among Accused Persons for Arrest  ||  J&K High Court: Bar Associations are Not ‘State’ under Article 12 and are Outside Writ Jurisdiction  ||  Calcutta High Court: Third Parties Can Challenge Inaction Against Unauthorised Construction  ||  Madras High Court: Being an Advocate Does Not Mean a Person Cannot Commit an Offence  ||  Delhi High Court: Husband Cannot Reopen Settled Marital Disputes to Avoid Maintenance Liability  ||  Calcutta High Court: State Cannot Deny CRMI Seats to Foreign Medical Graduates Citing Stipend Costs    

SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail - (02 Feb 2021)

CRIMINAL

Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutional Courts to grant bail on ground of violation of Fundamental Right to Speedy Trial. The Court has also observed that the rigours of the provision will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence.

Tags : SUPREME COURT   ABILITY OF CONSTITUTIONAL COURTS TO GRANT BAIL  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved