Bombay HC: National Security Justifies Denial of Police Clearance Certificate || Bombay HC: Comic Remarks Without Malicious Intent Not Religious Insult || J&K&L High Court: Scandalous Allegations Against Judicial Officers in Pleadings Impermissible || P&H HC: Writ Petition Against Private Trust's Contractual Employment Dismissed || Gujarat HC: Customary Divorce Entitles Daughter to Family Pension || Calcutta HC: ECI's Prerogative to Deploy Central Employees as Counting Supervisors Upheld || Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals || Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment || Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society || SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers

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 :