In Brief
Athar Parwez, arrested in July 2022 on charges of being an active member of the Popular Front of India (PFI) and planning to disrupt the Prime Minister's visit to Patna, sought bail after his application was rejected by the Patna High Court. Charged under UAPA 1967 and the IPC, the chargesheet was filed in January 2023 but charges remain unframed after nearly two years. The Supreme Court held that though UAPA Section 43-D(5) imposes a statutory bar on bail, it can be overcome if accusations are prima facie not true. Finding the protected witnesses' statements did not establish the alleged offences against the appellant, and considering his prolonged incarceration (over two years) with 354 witnesses and 40 accused making trial completion unlikely, the Court granted bail, holding that speedy trial rights under Article 21 take precedence over statutory restrictions.
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