Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

Despite strict bail conditions & the SC's Watali judgment, courts can still apply their mind to see if charges fit.

India has for many years had a major problem when it comes to pre-trial incarceration. 70 percent of prisoners in India are undertrials, according to the latest available NCRB data (from 2019) – that's 3,28,000 people in jail without ever being convicted.

Adding to this existing problem is a newer trend: using the draconian Unlawful Activities (Prevention) Act – the UAPA – to arrest not just those the law is meant to target (ie members of recognised terrorist organisations), but students, activists, protesters and journalists.