Bail -- UAPA Section 43D(5) -- Prolonged Incarceration Without Speedy Trial -- Statutory bar on bail overridden by Article 21
Unlawful Activities (Prevention) Act, 1967, S.43D(5) -- Bail -- Prolonged Incarceration Without Speedy Trial -- The statutory bar against bail under S.43D(5) UAPA does not oust the jurisdiction of Constitutional Courts to enforce fundamental rights under Art.21 -- Where an undertrial has suffered prolonged incarceration with no likelihood of 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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