Supreme Court Grants Bail to Man Detained for Two Years, Rules UAPA Cannot Justify Illegal Custody

New Delhi, India: In a significant verdict, the Supreme Court of India granted bail to a man who had been in jail for two years on allegations of possessing counterfeit Indian currency. The court emphasized that prolonged detention without filing charges is unlawful, even under the stringent Unlawful Activities (Prevention) Act (UAPA).

A bench led by Justice Vikram Nath criticized the Assam Police for failing to file the charges within the legally mandated period and described the detention as illegal and indefensible.

Illegal Custody Under UAPA

Under UAPA, the authorities are required to file a charge sheet within 90 days of arrest. The court may extend this period to a maximum of 180 days, but failure to file within this timeframe entitles the accused to default bail. The bench pointed out that despite this clear mandate, the police had kept the accused in custody for two years without filing charges, calling it a gross violation of the law.

The accused had previously secured default bail in two other cases for similar reasons, as charges were not filed on time.

Court’s Observations

The Supreme Court noted that, regardless of the stringent provisions of UAPA, the law does not allow indefinite or unlawful detention. Justice Mehta questioned the authorities, asking why the charges were not filed, and reiterated that such cases fall squarely under the provision for default bail.

The court clarified that Section 43D of UAPA permits the filing period to be extended only up to 180 days with the court’s explicit approval. Detention beyond this period without filing charges is illegal.

Case Background

The accused, Tonlong Konyak, a Myanmar national, was found in possession of counterfeit Indian currency. The prosecution informed that in December last year, the Guwahati High Court had denied him bail, citing his illegal entry into India, and argued that under UAPA, he was not eligible for default bail.

The Supreme Court’s ruling underscores that even under strict anti-terror laws like UAPA, the legal rights of detainees cannot be ignored, reinforcing the principle that prolonged illegal detention is impermissible under Indian law.