Supreme Court Upholds Right to Bail Despite Restrictive Laws

The Supreme Court clarified that restrictive statutory provisions do not bar courts from granting bail if an accused's right to life and personal liberty under Article 21 of the Constitution is violated. This ruling was made while granting bail to Sheikh Javed Iqbal, accused under the UAPA and in custody for nearly nine years.

Devdiscourse News Desk| New Delhi | India

Updated: 18-07-2024 18:30 IST | Created: 18-07-2024 18:30 IST

The Supreme Court reaffirmed that restrictive legal provisions cannot prevent courts from granting bail if an accused's constitutional rights to life and personal liberty are infringed. This decision was made while granting bail to Sheikh Javed Iqbal, under custody for nine years for alleged involvement in the illegal trade of counterfeit Indian currency.

A bench comprising Justices J B Pardiwla and Ujjal Bhuyan emphasized that a constitutional court cannot be restrained by penal statutes and must favor constitutionalism and the rule of law. They asserted that denying bail solely due to the seriousness of charges, without a timely trial, is unjust.

The court allowed Iqbal's appeal, imposing conditions such as impounding his passport and restricting his movement to the trial court's jurisdiction. The decision underlines the judiciary's commitment to upholding fundamental rights even in stringent legal scenarios.

(With inputs from agencies.)

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bail rightsunconstitutionalArticle 21UAPASupreme CourtSheikh Javed Iqballegal provisionspersonal libertyIndian judiciaryrestrictive laws

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