UAPA
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Bail as Exception: The Parallel Legal Order Created by Special Criminal Law
The bail jurisprudence in India is based on the premise that bail is the rule, jail is the exception as observed in the case of Gudikanti Narasimhulu v. Public Prosecutor[i]. This principle originates from Article 21 which stipulates that any restraint on liberty of the individual must be balanced on just, fair and reasonable procedure…
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Discretion Without Doctrine: How Bail Jurisprudence Normalised Constitutional Uncertainty in India
Abstract Bail jurisprudence in India operates at the fault-line between the State’s coercive authority and the individual’s constitutional entitlement to personal liberty. While the Supreme Court has consistently recognised bail as a constitutional safeguard rather than a mere procedural concession, contemporary practice reveals a system marked by doctrinal fragmentation and institutional unpredictability. This article argues…
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When Safety Net Becomes A Trap
Abstract This piece is about a feeling most of us recognise but rarely name. The quiet moment when you realise that the liberty you were taught about in school is not in tune with the nerve of the criminal justice system. It is not about dramatic breakdowns or spectacular abuses of power, it is about…
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The Delhi High Court’s 2025 UAPA Bail Denial: Echoes of the ADM Jabalpur Case? | Obaid Akram, VL Desk
On 2 September 2025, the bail petition for the nine accused in the 2020 Northeast Delhi “larger conspiracy” case under the Unlawful Activities (Prevention) Act (UAPA) was presented before a Division bench of the Delhi High Court and subsequently denied by the Bench. Reviewing the 133-page ruling records, the Bench undermined the right to protest…