Why Supreme Court Criticised Its Own Judgement In UAPA Case Involving Umar Khalid
Why Supreme Court Criticised Its Own Judgement In UAPA Case Involving Umar Khalid Published By, Last Updated: May 18, 2026, 16:03 IST Supreme Court reaffirms
Why Supreme Court Criticised Its Own Judgement In UAPA Case Involving Umar Khalid Published By, Last Updated: May 18, 2026, 16:03 IST Supreme Court reaffirms K A Najeeb ruling, says bail is rule even under UAPA, questions old rulings, grants bail to Syed Ifthikar Andrabi in NIA narco-terror case. Supreme Court of India (Image: PTI/File) The Supreme Court on Monday strongly reaffirmed its 2021 judgment in the Union of India vs K A Najeeb case while granting bail to an accused in a narco-terror case investigated by the Investigation Agency (NIA). In doing so, the top court questioned aspects of its own recent rulings, including the January decision denying bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots larger conspiracy case.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said the K A Najeeb verdict remains the binding law and “entitled to the protection of stare decisis." The court stressed that the ruling “cannot be diluted, circumvented, or disregarded by the trial court, the High Court, or even by benches of lower strength of this court." SC Reaffirms Right To Speedy Trial In UAPA Cases The judges noted that the 2021 three-judge bench verdict had clearly recognised prolonged incarceration and delay in trial as valid grounds for granting bail, even under the stringent Unlawful Activities (Prevention) Act (UAPA). However, the bench observed that later rulings, including the February 2024 Guruvinder Singh vs State of Punjab judgment and the Delhi riots conspiracy case, appeared to depart from that principle.
The court reiterated that constitutional protections under Articles 21 and 22 cannot be overshadowed solely because an accused faces charges under anti-terror laws. “Bail is the rule and jail the exception," the bench said, adding that the right to a speedy trial remains central even in UAPA cases. The observations came while granting bail to Syed Ifthikar Andrabi, accused in a cross-border narco-terror funding case in Jammu and Kashmir. Andrabi has remained in custody since 2020. News18 Newsletter Handpicked stories, in your inbox A newsletter with the best of our journalism submit First Published: May 18, 2026, 16:03 IST News india Why Supreme Court Criticised Its Own Judgement In UAPA Case Involving Umar Khalid Disclaimer: Comments reflect users’ views, not News18’s.
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