Bail Is the Rule and Jail Is the Exception - Constitutional Primacy of Article 21 over Statutory Embargoes

Last updated: 22 May 2026

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court of India in Syed Iftikhar Andrabi v. National Investigation Agency, Jammu [Criminal Appeal arising out of SLP (Criminal) No. 1090 of 2026 dated May 18, 2026] granted bail to the appellant who had been incarcerated for over five years and nine months under the Unlawful Activities (Prevention) Act, 1967 ( "the UAP Act" ), the Narcotic Drugs and Psychotropic Substances Act, 1985 ( "the NDPS Act" ) read with Section 120B of the Indian Penal Code, 1860 ( "IPC" ), and authoritatively held that the statutory embargo under Section 43-D(5) of the UAP Act cannot eclipse the fundamental right to speedy trial and personal liberty guaranteed under Article 21 of the Constitution of India, reaffirming that the time-honoured principle "bail is the rule and jail is the exception" is a constitutional principle flowing from Articles 21 and 22 and the presumption of innocence, which cannot be displaced by legislation, and further clarifying that the three-Judge Bench ruling in Union of India v. K.A. Najeeb [(2021) 3 SCC 713] is binding law entitled to the protection of stare decisis and cannot be diluted, circumvented, or disregarded by smaller Benches, High Courts or trial courts.

Citation :
Criminal Appeal arising out of SLP (Criminal) No. 1090 of 2026 dated May 18, 2026]

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