
Case Law Analysis
|Delhi High Court
Article 21 Overrides UAPA Section 43D(5) Bail Bar | Inordinate Trial Delay & Peripheral Role After 5 Years Detention : Delhi HC
The Delhi High Court granted bail to two UAPA accused after nearly five years of pre-trial detention during which only 21 of 359 witnesses were examined, ruling that Article 21 constitutional protections prevail over Section 43D(5) statutory bail restrictions when trial delay is inordinate and the accused's role is peripheral. The decision reinforces that prolonged incarceration without trial progress cannot be justified solely by the severity of UAPA allegations.