The Indian government, represented by Additional Solicitor General SV Raju, has presented strong arguments in the Supreme Court against the automatic granting of bail, particularly in cases involving grave terror offenses like the 2020 Delhi Riots. The core of the government’s contention is that the principle of “bail is the rule and jail is the exception” should not automatically apply when dealing with serious charges under the Unlawful Activities (Prevention) Act (UAPA), especially when the alleged offenses have resulted in significant loss of life, such as the 53 deaths during the Delhi Riots.
ASG Raju, in his submission to the court, drew a stark parallel by questioning whether terrorists like Ajmal Kasab, the perpetrator of the 2008 Mumbai attacks, or Hafiz Saeed, a designated global terrorist, should be eligible for bail simply due to delays in their trials. This rhetorical question powerfully underscores the government’s stance that the gravity of the alleged crimes and the potential threat to national security outweigh considerations of trial delay when determining bail eligibility under UAPA.
The Delhi Riots, which erupted in February 2020, involved widespread violence, arson, and fatalities. Many of the individuals accused in connection with these riots have been charged under the UAPA, a stringent anti-terror law. The law itself is designed to prevent and punish acts that threaten the sovereignty, integrity, and security of India. Critics of the UAPA have often pointed to its provisions that make obtaining bail exceedingly difficult, arguing that it can lead to prolonged pre-trial detention.
However, the government’s current position in the Supreme Court highlights its determination to ensure that individuals accused of serious terror-related offenses are not easily granted bail, even if their trials are protracted. The argument is that in cases involving acts of terrorism that have resulted in death and destruction, the societal interest in preventing further harm and ensuring justice for victims must be given paramount importance. The comparison to notorious terrorists like Kasab and Saeed is intended to emphasize the extreme nature of the charges and the national security implications.
The Supreme Court is currently deliberating on bail petitions filed by several individuals accused in the Delhi Riots cases. The arguments presented by ASG Raju are crucial to the outcome of these petitions and could set a significant precedent for how bail is handled in future UAPA cases across the country. The government’s submission suggests a strong stance against any interpretation of legal procedures that might inadvertently facilitate the release of individuals accused of endangering the nation.
The debate centers on balancing the right to a speedy trial, which includes the presumption of innocence until proven guilty, with the imperative to protect society from terror threats. The government’s legal team is advocating for a stricter application of bail conditions in terror-related matters, arguing that the inherent danger posed by such offenses warrants a more cautious approach by the judiciary. They are effectively challenging the notion that trial delays, in themselves, should automatically lead to the release of individuals accused of heinous crimes against the state and its citizens.
This legal battle in the Supreme Court is being closely watched as it could significantly influence the interpretation and application of bail provisions under the UAPA, particularly in the context of large-scale violent incidents with terror undertones. The government’s strategy appears to be to preemptively counter arguments that solely focus on procedural delays and instead emphasize the substantive nature of the allegations and their impact on national security and public safety. The comparison to internationally recognized terrorists is a powerful tool to drive home the perceived severity of the offenses and the need for stringent legal measures.
Source: Megh Updates 🚨™
Megh Updates 🚨™: 🚨 HUGE BREAKING Centre drops strong arguments in SC on 2020 Delhi Riots UAPA cases: “Can terrorists like Ajmal Kasab or Hafiz Saeed get bail just because trials are delayed?” ASG SV Raju questioned automatic “bail is the rule” in grave terror cases that killed 53.. #breaking
— @MeghUpdates May 1, 2026
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