jurisdiction of constitutional courts to grant bail on grounds of violation of fundamental rights.

UNION OF INDIA V. KA NAJEEB - BAIL IN UAPA CASES WHERE UNDERTRIAL ACCUSED HAS BEEN SUBJECTED TO PROLONGED IMPRISONMENT

Emphasising on the right to speedy trial under Article 21 of the Constitution, the Supreme Court allowed the grant of bail to an accused who had spent over 5 years in jail as undertrial in a case under the Unlawful Activities Prevention Act (UAPA).

■ The Court accepted that there was a bar under Section 43D(5) of UAPA against grant of bail. However, the Court made it clear that the provision does not oust the jurisdiction of constitutional courts to grant bail on grounds of violation of fundamental rights.