Bail--UAPA Section 43D(5)--Prolonged Incarceration Without Speedy Trial Overrides Statutory Bar on Bail
The statutory bar against bail under Section 43D(5) of the UAPA does not oust the jurisdiction of Constitutional Courts to enforce fundamental rights under Article 21. Where an undertrial has suffered prolonged incarceration with no likelihood of the trial concluding within a reasonable time, the rigors of such restrictive provisions must give way to the right to a speedy trial. Statutory barriers cannot restrain a Constitutional Court from protecting personal liberty. Bail is not punitive and is meant only to secure the presence of the accused at trial.
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