NEW DELHI, April 22 -- In a very salutary judgement on 17 November 2023, the Jammu and Kashmir and Ladakh High Court held that arrest under the Unlawful Activities (Prevention) Act (UAPA), 1967, without legal justification violates fundamental rights under Articles 14 and 21 and the accused is entitled to bail despite section 43 D (5). Had the legal arguments in the High Court order been applied in similar UAPA arrests in other parts of the country, it would have by now led to the grant of bail to hundreds of citizens arrested under the draconian (UAPA) 1967 and languishing in various jails in the country.

With the legal challenge to the UAPA still pending before the Supreme Court, it will be beneficial to apply the arguments in the J&K ...