Supreme Court Clarifies Bail Provisions Under UAPA

November 11, 2025 By usmanthotti Nation 2 min read

Supreme Court Clarifies Bail Provisions Under UAPA

In a significant ruling on February 9, 2024, the Supreme Court of India stated that the conventional principle of “bail is the rule, jail is the exception” does not apply to cases under the Unlawful Activities (Prevention) Act (UAPA). The bench, comprising Justices M.M. Sundresh and Aravind Kumar, emphasized that the language of Section 43D(5) of the UAPA indicates a legislative intent to make bail an exception and incarceration the norm for those accused under this anti-terror law.

Rising UAPA Cases in 2022

The National Crime Records Bureau (NCRB) released data revealing a notable increase in UAPA cases in 2022. A total of 1,005 cases were registered under the act, marking a rise from 814 cases in 2021 and 796 in 2020. The data highlighted that over 75% of these cases originated from four regions: Jammu and Kashmir (371 cases), Manipur (167), Assam (133), and Uttar Pradesh (101).

Acquittal in High-Profile UAPA Case

On March 24, 2025, a Jharkhand court acquitted Islamic cleric Abdul Rehman Katki, who had been arrested in December 2015 for alleged links to terrorist organizations. Katki, a native of Cuttack, Odisha, was previously convicted under the UAPA by a Delhi special court in February 2023. However, in the separate Jharkhand case, the court found insufficient evidence to support the charges, leading to his acquittal.

Controversy Surrounding ‘Udaipur Files’ Film

The Hindi-language film “Udaipur Files,” directed by Bharat S. Srinate and produced by Amit Jani, was scheduled for release on July 11, 2025. The film dramatizes the 2022 murder of tailor Kanhaiya Lal in Udaipur, an incident that led to charges under the UAPA against the accused. Following the release of its trailer, the film faced significant backlash from civil rights groups, who alleged it promoted communal hatred. On July 10, 2025, the Delhi High Court imposed a stay on the film’s release in response to a petition filed by Maulana Arshad Madani and journalist Prashant Tandon, citing concerns over potential incitement to violence.

These developments underscore the ongoing debates and legal interpretations surrounding the application of the UAPA in India, reflecting its profound impact on the nation’s legal and social landscape.