Hindi English Translation || Editorial || The bail rule: On liberty and the Andrabi ruling

The bail rule: On liberty and the Andrabi ruling

The Andrabi ruling (फैसला, न्यायिक निर्णय) reaffirms (पुनः पुष्टि करना) liberty (स्वतंत्रता, आज़ादी) over the stringent (कठोर, सख्त,) UAPA bar (बाधा, रोक)

The idea of justice should never allow for (अनुमति देना, संभव बनाना) the indefinite (अनिश्चितकालीन) imprisonment (कारावास, कैद) of someone without trial (मुकदमा). However, The Unlawful Activities (Prevention) Act (UAPA) (a stringent Indian anti-terrorism law aimed at effective prevention of unlawful activities & associations in India. Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India), does so, through its stringent Section 43-D(5), which makes bail (जमानत) near (लगभग, करीब-करीब) impossible once a court is satisfied (संतुष्ट करना, आश्वस्त करना), on the prosecution’s (अभियोग पक्ष) material (evidence, information, or documents used in a legal case; data, facts, documents, proof), that a prima facie (प्रथम दृष्टया) case exists against the accused (आरोपी, अभियुक्त). But on May 18, in Syed Iftikhar Andrabi vs National Investigation Agency (functioning as the Central Counter-Terrorism Law Enforcement Agency in India, it is a specialized federal agency established by the Indian Government under the NIA Act, 2008, to investigate and combat terror-related crimes and offences threatening the sovereignty of India), Jammu, the top court delivered a welcome (pleasing, agreeable, heartening, promising, much needed) restatement (an act of stating something again or differently, especially more clearly or convincingly; reaffirmation, reiteration, repetition) of the principle that bail should be the rule even in cases related to the UAPA. The Bench granted bail to Andrabi, who had spent over five years and nine months in pre-trial (occurring before a trial starts; prior to trial) custody. The Bench (a judge or a panel of judges presiding over a court of law; tribunal, panel of judges, judicial body) also clarified the legal position where an undertrial (a person who is on trial in a court of law or awaiting trial, often kept in custody; unconvicted prisoner, remand prisoner) has spent years in custody (imprisonment or confinement, especially while awaiting trial; detention, incarceration, confinement) without any realistic prospect (probability, possibility, chance, expectation) of the trial concluding. By reiterating (to say or state something again or repeatedly; repeat, restate, reaffirm) that the right to personal liberty (a fundamental human right guaranteeing freedom from arbitrary arrest and detention, protected under Article 21 of the Constitution of India; constitutional freedom, basic right) and a speedy (done or occurring quickly; fast, swift, rapid, prompt) trial cannot be subservient (less important; subordinate, secondary, subject, compliant) to the provision (term, clause, requirement, specification, stipulation) in Section 43-D(5), the judgment disapproved (consider wrong or unacceptable; reject, condemn, criticize) the reasoning (the action of thinking about something in a logical, sensible way to form a conclusion; logic, rationale, deduction) in two two-judge Bench rulings, Gurwinder Singh (2024) and Gulfisha Fatima, decided earlier this year. Both had sought to dilute (to make something weaker in force, content, or value; weaken, reduce, lessen) the principle laid down by a three-judge Bench in K.A. Najeeb (2021), which held that the “rigours (strictness, harshness, or severity, especially referring to demanding conditions or laws; stringency, severity)” of Section 43-D(5) would “melt down (to disappear, collapse, or lose force completely; dissolve, vanish, fade away)” where there was no likelihood (the state or extent of something being likely to happen; probability, possibility, chance, prospect) of the trial concluding within a reasonable time and the incarceration (the state of being confined in prison; imprisonment, captivity, detention, confinement) already undergone (experience or be subjected to something; endure, sustain, suffer) was substantial (of considerable importance, size, or worth; significant, sizeable, large). The Bench also held that the two-judge Benches could not have departed (deviate or move away from a prescribed course, rule, or standard; stray, diverge, vary) from a binding (mandatory, compulsory, obligatory) three-judge ruling in the first place (at the beginning; originally, initially, fundamentally).

In Gulfisha Fatima, the Delhi Riots (refers to the communal violence that took place in Delhi in February 2020) “larger conspiracy (a secret plan by a group to do something unlawful or harmful; plot, scheme, collusion)” bail decision, the Court denied bail to Umar Khalid and Sharjeel Imam and even foreclosed (preclude, prevent, remove (a course of action); rule out, bar) their right (a moral or legal entitlement to have or obtain something; entitlement, privilege, prerogative) to renew (to begin or take up again; resume, restart, revive) the plea (an urgent and emotional request, or a formal statement made by or on behalf of a defendant; appeal, request, petition) for a full year, despite (in spite of, regardless of, notwithstanding) both having spent over five years in prison. Now in Andrabi, the Court has disapproved the Gulfisha Fatima Bench’s reading (an interpretation or understanding of a text or a situation, especially a legal one; interpretation, construal, understanding) that Najeeb was confined (restrict or limit in scope or application; restrict, limit, contain) to its own facts and was not a constitutional (relating to an established set of principles governing a state; legal, lawful, legitimate, statutory) limitation (a limiting rule or circumstance; restriction, constraint, curb) on Section 43-D(5). Consequently (as a result; therefore, thus, hence), Khalid and Imam should have been granted bail on the basis of (because of, thanks to, by reason of, founded on) the Najeeb ruling, and not denied it on a narrower (more limited or restricted in extent, scope, or space; limited, strict, tighter) reading of it. This is a welcome intervention (action taken to improve a situation or change the course of events; involvement, intercession, mediation), provided (on the condition that, assuming that, given that, if) it is binding in all such cases, even if it is only about the favourable (showing approval, advantageous, or helpful; positive, beneficial, supportive) consideration (careful thought, typically over a period of time; deliberation, reflection, contemplation) of bail pleas (formal application submitted to a court requesting the release of an accused person on bail; bail application, bail petition) where the accused have been in custody for long periods without trial, and not about a right to bail under the UAPA. Tellingly (in a way that reveals a great deal of information or significance; significantly, revealingly, strikingly), a day after Andrabi, Additional Solicitor General (a senior law officer of the Government of India who assists the Solicitor General and represents the government in legal matters; government counsel) S.V. Raju told another Bench that under the UAPA’s statutory (required, permitted, or enacted by a statute or law; legal, legitimate, lawful) bail bar, “the presumption (an idea that is taken to be true, and often used as the basis for other ideas; assumption, supposition, belief) of innocence (the state, quality, or fact of being free from guilt or not having committed a crime; guiltlessness, blamelessness) takes a backseat” which is precisely the position Andrabi has now set itself against (to strongly oppose someone or something; oppose, resist, defy), in line with (in agreement or accordance with; consistent with, conforming to, in alignment with) constitutional principles.

Courtesy: The Hindu

Important Word List With Meaning

1.bail (noun)

Hindi Meaning - जमानत
English Meaning - conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required; temporary release.

2.ruling (noun)

Hindi Meaning - फैसला, न्यायिक निर्णय
English Meaning - an authoritative decision or pronouncement made by a judge or a court; judgement, decision, verdict, order.

3.reaffirm (verb)

Hindi Meaning - पुनः पुष्टि करना
English Meaning - assert, state, assure again strongly; uphold, reiterate, repeat.

4.liberty (noun)

Hindi Meaning - स्वतंत्रता, आज़ादी
English Meaning - the state of being free within society from oppressive restrictions imposed by authority; freedom, independence, autonomy.

5.stringent (adjective)

Hindi Meaning - कठोर, सख्त
English Meaning - strict, severe, extreme, rigorous, tough.

6.bar (noun)

Hindi Meaning - बाधा, रोक
English Meaning - an obstacle, restriction, or barrier preventing a particular action, such as the granting of bail; hindrance, impediment, obstruction.

7.allow for (phrasal verb)

Hindi Meaning - अनुमति देना, संभव बनाना
English Meaning - to take into consideration or make something possible; permit, enable, facilitate.

8.indefinite (adjective)

Hindi Meaning - अनिश्चितकालीन
English Meaning - lasting for an unknown or unstated length of time; unlimited, endless, unspecified.

9.imprisonment (noun)

Hindi Meaning - कारावास, कैद
English Meaning - incarceration, custody, detention, confinement, prison.

10.trial (noun)

Hindi Meaning - मुकदमा
English Meaning - a formal examination of evidence by a judge to decide guilt in a case of criminal or civil proceedings; judicial examination, hearing, legal proceedings.

11.near (adverb)

Hindi Meaning - लगभग, करीब-करीब
English Meaning - almost, practically, virtually, closely.

12.satisfy (verb)

Hindi Meaning - संतुष्ट करना, आश्वस्त करना
English Meaning - convince or assure by the evidence presented in a legal context.

13.prosecution (noun)

Hindi Meaning - अभियोग पक्ष
English Meaning - the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law; prosecuting agency, litigator.

14.prima facie (adjective)

Hindi Meaning - प्रथम दृष्टया
English Meaning - a Latin expression meaning ‘at first sight/look/view’, at first appearance, based on first impression; evident, apparent, self-evident.

15.the accused (noun)

Hindi Meaning - आरोपी, अभियुक्त
English Meaning - a person or group of people who are charged with or on trial for a crime; defendant, respondent, indicted person.

16.material (noun)

English Meaning - evidence, information, or documents used in a legal case; data, facts, documents, proof.

17.Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) (noun)

English Meaning - a specific, stringent provision within the UAPA that concentrates on the procedure (a legal bar) for granting bail to a person who is accused of terrorism activities; Section 43D(5) is one of the strictest bail provisions in Indian criminal law. It places severe restrictions on granting bail in UAPA cases if the court finds that accusations against the accused appear “prima facie true.” In practice, this provision has often resulted in prolonged incarceration of accused persons before trial begins or concludes.

18.The Unlawful Activities (Prevention) Act (UAPA) (noun)

English Meaning - a stringent Indian anti-terrorism law aimed at effective prevention of unlawful activities & associations in India. Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India.

19.Syed Iftikhar Andrabi vs National Investigation Agency, Jammu Case (proper noun)

English Meaning - a specific Supreme Court case where the bench reaffirmed that bail remains a rule even under the UAPA if the trial is unduly delayed. The court forcefully reiterated that Section 43-D(5) is always subordinate to Article 21 (Right to Life and Liberty) of the Constitution. It ruled that prolonged pre-trial incarceration converts delay into an unconstitutional punishment, meaning constitutional courts can always bypass the UAPA statutory bar to protect personal liberty.

20.National Investigation Agency (NIA) (proper noun)

English Meaning - functioning as the Central Counter-Terrorism Law Enforcement Agency in India, it is a specialized federal agency established by the Indian Government under the NIA Act, 2008, to investigate and combat terror-related crimes and offences threatening the sovereignty of India.

21.welcome (adjective)

English Meaning - pleasing, agreeable, heartening, promising, much needed.

22.restatement (noun)

English Meaning - an act of stating something again or differently, especially more clearly or convincingly; reaffirmation, reiteration, repetition.

23.the Bench (noun)

English Meaning - a judge or a panel of judges presiding over a court of law; tribunal, panel of judges, judicial body.

24.Division Bench (noun)

English Meaning - a bench of a High Court or the Supreme Court consisting of two judges who hear appeals and decide on important cases; two-judge panel.

25.Constitutional Bench (noun)

English Meaning - a bench of the Supreme Court of India consisting of five or more judges, constituted to decide matters involving a substantial question of law as to the interpretation of the Constitution.

26.pre-trial (adjective)

English Meaning - occurring before a trial starts; prior to trial.

27.custody (noun)

English Meaning - imprisonment or confinement, especially while awaiting trial; detention, incarceration, confinement.

28.undertrial (noun)

English Meaning - a person who is on trial in a court of law or awaiting trial, often kept in custody; unconvicted prisoner, remand prisoner.

29.in custody (phrase)

English Meaning - kept in prison or held by the police; imprisoned, detained, incarcerated.

30.prospect (noun)

English Meaning - probability, possibility, chance, expectation.

31.reiterate (verb)

English Meaning - to say or state something again or repeatedly; repeat, restate, reaffirm.

32.right to personal liberty (noun)

English Meaning - a fundamental human right guaranteeing freedom from arbitrary arrest and detention, protected under Article 21 of the Constitution of India; constitutional freedom, basic right.

33.speedy (adjective)

English Meaning - done or occurring quickly; fast, swift, rapid, prompt.

34.subservient (adjective)

English Meaning - less important; subordinate, secondary, subject, compliant.

35.provision (noun)

English Meaning - term, clause, requirement, specification, stipulation.

36.disapprove (verb)

English Meaning - consider wrong or unacceptable; reject, condemn, criticize.

37.reasoning (noun)

English Meaning - the action of thinking about something in a logical, sensible way to form a conclusion; logic, rationale, deduction.

38.Gurwinder Singh (2024) case (proper noun)

English Meaning - a 2024 Supreme Court judgment that strictly interpreted Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA), ruling that mere delay in trial is not grounds for bail in grave offences and asserting that under the UAPA, jail is the norm and bail is the exception. (whereas “bail is the rule and jail is the exception” is a foundational doctrine under Article 21 of the Constitution of India).

39.Gulfisha Fatima (2026) case (noun)

English Meaning - a 2026 Supreme Court judgment concerning the 2020 Delhi riots conspiracy case which denied bail to key accused under the UAPA despite prolonged pre-trial incarceration, strictly enforcing statutory bail restrictions over the constitutional right to a speedy trial.

40.sought past tense of seek (verb)

English Meaning - attempt to find or achieve something; try, aim, attempt.

41.dilute (verb)

English Meaning - to make something weaker in force, content, or value; weaken, reduce, lessen.

42.lay down (phrasal verb)

English Meaning - put down, prescribe, stipulate, formulate, establish.

43.K.A. Najeeb (2021) case (proper noun)

English Meaning - a landmark Supreme Court judgment establishing that statutory bail restrictions under the UAPA do not override constitutional rights to a speedy trial.

44.hold (verb)

English Meaning - (of a court) rule, decide, conclude, declare.

45.rigour (noun)

English Meaning - strictness, harshness, or severity, especially referring to demanding conditions or laws; stringency, severity.

46.melt down (phrasal verb)

English Meaning - to disappear, collapse, or lose force completely; dissolve, vanish, fade away.

47.likelihood (noun)

English Meaning - the state or extent of something being likely to happen; probability, possibility, chance, prospect.

48.incarceration (noun)

English Meaning - the state of being confined in prison; imprisonment, captivity, detention, confinement.

49.undergo (verb)

English Meaning - experience or be subjected to something; endure, sustain, suffer.

50.substantial (adjective)

English Meaning - of considerable importance, size, or worth; significant, sizeable, large.

51.depart (verb)

English Meaning - deviate or move away from a prescribed course, rule, or standard; stray, diverge, vary.

52.binding (adjective)

English Meaning - mandatory, compulsory, obligatory.

53.in the first place (phrase)

English Meaning - at the beginning; originally, initially, fundamentally.

54.Delhi Riots (proper noun)

English Meaning - refers to the communal violence that took place in Delhi in February 2020.

55.conspiracy (noun)

English Meaning - a secret plan by a group to do something unlawful or harmful; plot, scheme, collusion.

56.foreclose (verb)

English Meaning - preclude, prevent, remove (a course of action); rule out, bar.

57.right (noun)

English Meaning - a moral or legal entitlement to have or obtain something; entitlement, privilege, prerogative.

58.renew (verb)

English Meaning - to begin or take up again; resume, restart, revive.

59.plea (noun)

English Meaning - an urgent and emotional request, or a formal statement made by or on behalf of a defendant; appeal, request, petition.

60.despite (preposition)

English Meaning - in spite of, regardless of, notwithstanding.

61.reading (noun)

English Meaning - an interpretation or understanding of a text or a situation, especially a legal one; interpretation, construal, understanding.

62.confine (verb)

English Meaning - restrict or limit in scope or application; restrict, limit, contain.

63.constitutional (adjective)

English Meaning - relating to an established set of principles governing a state; legal, lawful, legitimate, statutory.

64.limitation (noun)

English Meaning - a limiting rule or circumstance; restriction, constraint, curb.

65.consequently (adverb)

English Meaning - as a result; therefore, thus, hence.

66.on the basis of (phrase)

English Meaning - because of, thanks to, by reason of, founded on.

67.narrower (adjective)

English Meaning - more limited or restricted in extent, scope, or space; limited, strict, tighter.

68.intervention (noun)

English Meaning - action taken to improve a situation or change the course of events; involvement, intercession, mediation.

69.provided (conjunction)

English Meaning - on the condition that, assuming that, given that, if.

70.favourable (adjective)

English Meaning - showing approval, advantageous, or helpful; positive, beneficial, supportive.

71.consideration (noun)

English Meaning - careful thought, typically over a period of time; deliberation, reflection, contemplation.

72.bail plea (noun)

English Meaning - formal application submitted to a court requesting the release of an accused person on bail; bail application, bail petition.

73.tellingly (adverb)

English Meaning - in a way that reveals a great deal of information or significance; significantly, revealingly, strikingly.

74.Additional Solicitor General (noun)

English Meaning - a senior law officer of the Government of India who assists the Solicitor General and represents the government in legal matters; government counsel.

75.statutory (adjective)

English Meaning - required, permitted, or enacted by a statute or law; legal, legitimate, lawful.

76.presumption (noun)

English Meaning - an idea that is taken to be true, and often used as the basis for other ideas; assumption, supposition, belief.

77.innocence (noun)

English Meaning - the state, quality, or fact of being free from guilt or not having committed a crime; guiltlessness, blamelessness.

78.take a back seat (phrase)

English Meaning - take a subordinate or less important position; become secondary, step aside.

79.set itself against (phrase)

English Meaning - to strongly oppose someone or something; oppose, resist, defy.

80.in line with (phrase)

English Meaning - in agreement or accordance with; consistent with, conforming to, in alignment with.

81.constitutional principles (noun)

English Meaning - the fundamental ideas and values that form the foundation of a nation’s constitution, such as justice, liberty, and equality; fundamental laws, basic tenets.