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Syed Iftikhar Andrabi v. National Investigation Agency, Jammu 2026 INSC 503 - UAPA Act- Bail Is The Rule

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Unlawful Activities (Prevention) Act, 1967 - UAPA Act - Constitution of India - Article 21-22 - The statutory embargo of Section 43-D(5) must remain a circumscribed restriction that operates subject to the guarantee of Articles 21 and 22 of the Constitution. Therefore, we have no manner of doubt in stating that even under the UAP Act, ‘bail is the rule and jail is the exception’. (Para 34)

Constitution of India - Article 21-22 - The often invoked phrase ‘bail is the rule and jail is the exception’ is not merely an empty statutory slogan flowing from the CrPC-. It is a constitutional principle flowing from Articles 21 and 22 of the Constitution and the presumption of innocence which is the cornerstone of any civilised society governed by the rule of law. Statutes may undoubtedly calibrate the manner in which that principle is applied, particularly in cases involving national security or terrorist offences for which the UAP Act is meant, but those cannot altogether invert the constitutional relationship between liberty and detention of course, in an appropriate case, bail can be denied having regard to the facts of that particular case. (Para 35) Article 21 applies irrespective of the nature of the offence. Ideally, more serious the accusations are, the speedier the trial should be.(Para 40)

Precedent - Judicial discipline and certainty demands that Benches of smaller strength are mindful of the decisions rendered by larger Benches and are bound to follow the same. If the smaller Benches are unable to agree with the ratio laid down by the larger Bench then the proper and the only course of action open is to make a reference to the Hon’ble Chief Justice of India for placing the matter for consideration by a still larger Bench.

Syed Iftikhar Andrabi v. National Investigation Agency, Jammu - UAPA Act- Bail Is The Rule
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Case Info

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Basic Case Details


Case name: Syed Iftikhar Andrabi v. National Investigation Agency, Jammu


Neutral citation: 2026 INSC 503


Coram:

  • Hon’ble Ms. Justice B.V. Nagarathna
  • Hon’ble Mr. Justice Ujjal Bhuyan (author of the judgment)

Judgment date: 18 May 2026 (NEW DELHI; MAY 18, 2026.)


Caselaws & Citations Referred

  1. Shaheen Welfare Association v. Union of India, (1996) 2 SCC 616
  2. Union of India v. K.A. Najeeb, (2021) 3 SCC 713
  3. Sheikh Javed Iqbal v. State of U.P., (2024) 8 SCC 293
  4. Inadequacies and Deficiencies in Criminal Trials, In Re, (2021) 10 SCC 598
  5. Lt. Col. Prasad Shrikant Purohit v. State of Maharashtra, (2018) 11 SCC 458
  6. National Investigation Agency v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1
  7. Satender Kumar Antil v. CBI, (2022) 10 SCC 51
  8. Javed Gulam Nabi Shaikh v. State of Maharashtra, (2024) 9 SCC 813
  9. Arvind Dham v. Directorate of Enforcement, 2026 SCC OnLine SC 305
  10. Roop Bahadur Magar @ Sanki @ Rabin v. State of West Bengal, 2024 SCC OnLine SC 557
  11. High Court Bar Association, Allahabad v. State of Uttar Pradesh, (2024) 6 SCC 267
  12. Gurwinder Singh v. State of Punjab, (2024) 5 SCC 403
  13. Gulfisha Fatima v. State (Govt. of NCT of Delhi), 2026 SCC OnLine SC 106
  14. Jalaluddin Khan v. Union of India, (2024) 10 SCC 574
  15. Chintan Rajubhai Panseriya v. State of Maharashtra, SLP (Crl) No. 439 of 2026, decided on 28.01.2026
  16. Romesh Kumar v. Union of India, SLP (Crl) No. 13829 of 2024, decided on 07.02.2025
  17. Islam Ul Haq Peer v. Union of India, Criminal Appeal (Diary) No. 12/2024, J&K & Ladakh High Court, order dated 18.02.2025
  18. Mudasir Ahmed Dar v. NIA, Criminal Appeal (Diary) No. 23/2025, J&K & Ladakh High Court, order dated 18.09.2025
  19. Amin Allaie v. NIA, Criminal Appeal (Diary) No. 26/2025, J&K & Ladakh High Court, order dated 02.04.2026

Statutes / Laws Referred


From the judgment text:

  • Unlawful Activities (Prevention) Act, 1967 (UAP Act)
    • Sections 15, 17, 38, 40, 43D(5), 43D(6)
  • Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
    • Sections 8, 21, 25, 29, 37
  • Indian Penal Code, 1860 (IPC)
    • Sections 8 (in NDPS context, but IPC specifically: 120B, 100, 116, 118, 117, 121 mentioned in related cases)
    • In this case, the operative IPC section for the appellant is 120B IPC (criminal conspiracy).
  • Code of Criminal Procedure, 1973 (CrPC)
    • Sections 91, 156(3), 164, 173, 436A (via case law discussion)
  • Indian Evidence Act, 1872
    • Sections 25, 27
  • National Investigation Agency Act, 2008 (NIA Act)
    • Sections 11, 19, 21
  • Prevention of Money Laundering Act, 2002 (PMLA)
    • Section 45 (via Arvind Dham)
  • Constitution of India
    • Articles 21 and 22
  • Jammu & Kashmir Public Safety Act, 1978

Three‑Sentence Brief Summary


The Supreme Court considered whether the statutory bail embargo under Section 43D(5) of the UAPA can bar constitutional courts from granting bail when there is prolonged incarceration and no realistic prospect of an early conclusion of trial. Reaffirming and strongly re‑anchoring the three‑Judge ruling in Union of India v. K.A. Najeeb, the Court held that Article 21’s guarantee of personal liberty and speedy trial overrides the statutory rigours of special laws in cases of gross delay, and criticised smaller Benches for diluting Najeeb through decisions like Gurwinder Singh and Gulfisha Fatima. Applying these principles to Syed Iftikhar Andrabi—who had been in custody for nearly six years with over 350 witnesses yet to be examined and no recovery from his person or premises—the Court directed his release on bail subject to conditions.