Back to the Basics: The Delhi High Court’s Bail Orders under the UAPA June 15, 2021 Gautam Bhatia https://indconlawphil.wordpress.com/2021/06/15/back-to-the-basics-the-delhi-high-courts-bail-orders-under-the-uapa/
the following.- indisputable – principles emerge from the High Court’s three orders:
1.The UAPA is a special statute, designed to deal with a state of exception, and its operation should not be blurred with ordinary legislation.
2. Criminal statutes must always be narrowly construed, and their terms given due specificity.
3 A combination of (1) and (2) implies that the word “terrorism” in the UAPA must be given specific meaning that relates to the defence of India, and is distinguishable from public order offences.
4. In order to establish a prima facie case of terrorism under the UAPA against an accused, the allegations must be individualised, factual, and particularistic. The gap between what an individual is accused of, and the actual events, cannot be filled by inferences or speculation.
5. As long as that gap exists, the prima facie case under the UAPA – and the prosecution’s prima facie burden – remains undischarged, and normal principles of bail (not S. 43(D)(5) will apply.
6. This is specifically important when the allegations pertain to organising – and participating in – protests, which are guaranteed rights under the Constitution. The Court will be specially vigilant to prevent the use of UAPA-type statutes to blur the lines between protests, illegalities committed during protests, and terrorism.