SC flags low conviction in UAPA cases, grants bail in narco-terror case

The Supreme Court on Monday flagged the low conviction rate under the Unlawful Activities (Prevention) Act (UAPA), observing that more than 90 per cent of such trials across the country end in acquittals.

A bench of Justices B.V. Nagarathna and Ujjal Bhuyan made the observations while granting bail to Jammu and Kashmir resident Syed Iftikhar Andrabi, who is accused in a narco-terrorism case.

Referring to data compiled by the National Crime Records Bureau (NCRB), the court said the conviction rate under the UAPA between 2019 and 2023 ranged between 2 per cent and 6 per cent nationally. “In other words, there is a 94 per cent to 98 per cent possibility of acquittal in such cases in the country,” the bench observed.

The court said the situation in Jammu and Kashmir was even more striking. “When it comes to the Union Territory of Jammu and Kashmir, the percentage of conviction is abysmal, to say the least. For the aforesaid period, the annual rate of conviction is always less than 1 per cent. It means that at the end of the trial, there is a 99 per cent possibility of acquittal in such cases,” the bench said.

“With such statistics staring at our face, the question is, should we continue the detention of the appellant or defer the consideration to a later stage simply because the charges are serious?” it added.

Granting bail to Andrabi during the pendency of the trial, the top court said no cash or contraband had been recovered either from him personally or from premises linked to him.

The bench further observed that all statements implicating Andrabi, including his alleged confession, were made before the police and were prima facie barred under Section 25 of the Indian Evidence Act, 1872, which renders confessions made to police officers inadmissible.

“The appellant has no prior antecedents of being connected with the narcotic trade or in terrorist activities. At least, no such material has been placed on record,” the court said.

“On the contrary, it is stated that the appellant is an ardent advocate of the constitutional, federal and democratic set-up of India. He is a supporter of the Jammu and Kashmir People’s Conference, a registered mainstream political party,” the bench noted.

Andrabi had challenged an order of the Jammu and Kashmir and Ladakh High Court rejecting his bail plea. The high court had cited scrutiny of cellphone records allegedly showing that he had been in contact with terror operatives across the border.

According to the National Investigation Agency (NIA), the case originated on 11 June 2020, when police intercepted a car belonging to Abdul Momin Peer at Kairo Bridge in Handwara. During the search, officers allegedly recovered Rs 20.01 lakh in cash and 2 kg of heroin, following which Peer was arrested. Based on his disclosure statement, police later arrested Andrabi and Islam-Ul-Haq Peer.

The chargesheet alleged that the accused were involved in cross-border smuggling and the supply of heroin in Jammu and Kashmir and other parts of the country through associates based in Pakistan. It further alleged that Andrabi and Abdul Momin Peer had travelled to Pakistan multiple times during 2016-17 to meet operatives linked to Lashkar-e-Taiba and Hizbul Mujahideen, and that proceeds from heroin sales were used to fund Lashkar-e-Taiba’s activities.

With PTI inputs