Half of UAPA investigations pending for over three years: Data

Recent developments highlight prolonged detentions, stalled investigations, and delays on bail matters under the draconian UAPA, 1967.

Three recent developments have put the spotlight back on prolonged detentions, stalled investigations, and inordinate delays on bail matters under the draconian Unlawful Activities (Prevention) Act (UAPA), 1967.

On October 12, former Delhi University Professor G.N. Saibaba died just months after getting acquitted in a UAPA case, following a decade of incarceration. Last week, the bail plea of Jawaharlal Nehru University student, Umar Khalid, who was arrested under the UAPA four years ago, was once again postponed, as the Bench could not assemble with the judges on leave. Last month, the Supreme Court granted bail to a UAPA accused, who was in prison for more than four years, citing the delay in trial.

Twice this year, the Supreme Court made observations related to bail denials and delays in trial in UAPA cases. In August, the Court reiterated that “bail is the rule and jail is the exception” even if the offence is under the UAPA. In September, the Court observed that the graver the offence and the more the restrictions on bail, the faster the trial should be completed.

Data show that half the cases filed under the UAPA were pending at various stages of police investigation for over three years, at the end of 2022. This is the second highest such share across 122 crime heads, such as murder and gambling.

Chart 1 shows the number of cases (horizontal axis) and the share of cases (vertical axis) pending police investigation for over three years under all the 122 crime heads of the Indian Penal Code (now called the Bharatiya Nyaya Sanhita) and the Special and Local Laws, at the end of 2022.

Over 2,020 UAPA cases were pending investigation for over three years, 50% of the total such cases pending at the end of 2022 (4,037). The UAPA is a stark outlier in the share of such cases. Cases registered under the Forgery and Counterfeiting Act, 1981 (57%) and Passports Act, 1967 (43%) had the next highest shares.

Chart 2 shows the share of UAPA cases between 2019 and 2022 whose investigations have been pending for more than three years.