NEW DELHI: The Supreme Court on Tuesday held that “bail is the rule, jail is the exception” principle is applicable even to offences under special statutes like the Unlawful Activities (Prevention) Act.
While granting bail to Jalaluddin Khan, accused under the stringent anti-terror law, the two-judge bench of Justice Abhay S Oka and Justice Augustine George Masih said, “If courts start denying bail in deserving cases, it will be a violation of fundamental rights.”
An NIA court had rejected the bail plea of Khan, who was allegedly involved in plans to disrupt the Prime Minister’s visit to Bihar and unlawful activities connected to the banned Popular Front of India. He then filed an appeal in Patna High Court, which was also rejected, forcing him to move the SC.
“Allegations of the prosecution may be very serious, but it is court’s duty to consider the case for bail in accordance with law. Bail is the rule and jail is the exception applies even to special statutes,” the SC said.