VidhiSangh

Supreme Court of India · 28/10/2021

THWAHA FASAL versus UNION OF INDIA

[2021] 8 S.C.R. 797 · 2021 INSC 688

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Summary

The Court restored Thwaha Fasal’s bail and upheld bail granted to Allen Shuaib in the UAPA prosecution. Taking the charge-sheet material as presented, it found no reasonable grounds to regard the accusations under Sections 38 and 39 as prima facie true: association or support alone did not establish the required intention to further a terrorist organisation’s activities. Section 43D(5) did not govern the separate Section 13 allegation. All findings were confined to bail and left framing of charges and trial unaffected.

Issues

  1. Whether the charge-sheet material satisfied the UAPA bail embargo for offences relating to association with and support for a terrorist organisation.
  2. Whether bail could be considered on the basis of Section 20 when sanction for that offence had neither been sought nor granted.

Provisions considered

Held

Result

Fasal’s appeal allowed and the Special Court’s bail order restored with all conditions; production before that court directed within one week for fresh bonds and bail formalities. Union of India’s appeal dismissed and Shuaib’s bail confirmed. Charge and trial merits left open.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 797.