Supreme Court Upholds Bail Principle Even Under Anti-Terror Law

The Supreme Court has ruled that the principle 'bail is the rule and jail is an exception' applies even under the Unlawful Activities (Prevention) Act. This decision came while granting bail to Jalaluddin Khan, a retired police constable accused of harbouring suspected terrorists, due to lack of evidence connecting him to terrorist activities.

The Supreme Court has reinforced that the legal principle 'bail is the rule, jail is the exception' remains applicable even for offenses under special statutes like the Unlawful Activities (Prevention) Act. This ruling was made while granting bail to Jalaluddin Khan, a retired police constable accused of harboring suspected terrorists.

A bench comprising Justices Abhay S Oka and Augustine George Masih stressed that once a case for bail is established, courts should not hesitate in granting it, regardless of the severity of the prosecution's allegations. They highlighted that denying bail in such cases would violate Article 21 of the Constitution, which guarantees the right to life and personal liberty.

The court ordered Khan's release, citing a lack of material evidence linking him to the alleged activities. The National Investigation Agency had accused Khan of renting out his house to members of a banned outfit, but the court noted there was no evidence to show that he was aware or participated in any unlawful activities.

(With inputs from agencies.)