New Delhi: The Supreme Court of India on Monday granted bail to a narco-terrorism accused while strongly rebuking a recent decision by a co-ordinate bench that denied bail to activists Umar Khalid and Sharjeel Imam. A two-judge bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan emphasized that judicial discipline mandates following binding precedents set by larger benches. The apex court noted that smaller benches cannot dilute, circumvent, or disregard legal principles established by a higher number of judges.
The top court granted bail to Syed Iftikhar Andrabi, who has spent more than five years in custody under the stringent Unlawful Activities (Prevention) Act. In its judgement, the bench expressed serious reservations regarding a January 5 ruling by Justices Aravind Kumar and NV Anjaria, which had refused bail to Khalid and Imam by downplaying a landmark three-judge bench precedent. Justice Bhuyan clarified that a smaller bench must either follow a binding precedent or refer the matter to a larger bench if doubts arise.
The landmark 2021 ruling in the KA Najeeb case established that prolonged incarceration constitutes valid grounds for constitutional courts to grant bail, overriding the strict statutory restrictions of Section 43D(5) of the UAPA. The bench explicitly stated on Monday that the right to a speedy trial under Articles 21 and 22 of the Constitution must circumscribe statutory restrictions, firmly declaring that even under the anti-terror law, bail remains the rule and jail is the exception.
The judges pointed out that the earlier ruling in the Gulfisha Fatima case mistakenly treated the Najeeb precedent as a narrow, exceptional departure meant only for extreme situations. Justice Bhuyan warned against the hollowing out of vital legal protections, reinforcing that the passage of time and prolonged detention entitle an accused to release depending on the surrounding circumstances. The court made it clear that this interpretation of the law is binding on all trial courts, High Courts, and smaller Supreme Court benches.
Andrabi, a resident of the Kupwara district in Jammu and Kashmir, was originally arrested by the National Investigation Agency in June 2020. Authorities accused him of participating in a cross-border drug syndicate designed to channel heroin proceeds to terror outfits like Lashkar-e-Taiba and Hizbul Mujahideen. After being denied bail by a Special NIA Court and the High Court of Jammu and Kashmir and Ladakh, Andrabi successfully appealed to the apex court, which ultimately prioritized constitutional liberties over statutory embargoes.
