What did the Supreme Court say about bail under UAPA?

The Supreme Court has referred to a larger Bench the crucial question of whether prolonged incarceration and delayed trials can override the stringent bail provisions under anti-terror laws like the Unlawful Activities (Prevention) Act (UAPA), 1967. The article discusses the conflict between Section 43D(5) of UAPA, which makes bail difficult by reversing the 'bail, not jail' principle, and the fundamental right to life and personal liberty under Article 21. It highlights key Supreme Court judgments, including K.A. Najeeb (2021), Syed Iftikhar Andrabi, and Gulfisha Fatima, which have offered differing interpretations on granting bail in UAPA cases, especially concerning the duration of pre-trial detention and the state's inability to conduct speedy trials.