Case Law Analysis
|Supreme Court of India
UAPA Section 43D(7) | Bail Bar for Foreign Nationals Applies Only to Illegal Initial Entry, Not Subsequent Visa Expiry : SC
The Supreme Court ruled that Section 43D(7) UAPA's bail bar for foreign nationals applies only when initial entry was unauthorized, not when a valid visa merely expires. Default bail under Section 43D(2) remains unaffected by Section 43D(7)'s non-obstante clause, and bail cancellation requires supervening circumstances, not re-litigation of the original grant. The ruling shields legally present foreign nationals from automatic UAPA bail denial while preserving the framework for genuine threats.