The Supreme Court of India has issued notice on a Special Leave Petition (SLP) seeking bail for a man who has remained in judicial custody for more than five years under charges framed under the Unlawful Activities (Prevention) Act (UAPA).
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The Supreme Court of India has issued notice on a Special Leave Petition (SLP) seeking bail for a man who has remained in judicial custody for more than five years under charges framed under the Unlawful Activities (Prevention) Act (UAPA).
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi passed the order after hearing the petitioner’s counsel, who relied on the precedent laid down in Union of India v. K.A. Najeeb, arguing that prolonged incarceration, despite incomplete trial, violated Article 21 of the Constitution.
Justice Surya Kant remarked during the hearing: “Could not understand the High Court judgment.”
The petitioner, Dashrath Singh Bhokta alias Dashrath Ganjhu, is an alleged armed cadre of the Tritiya Prastuti Committee (TPC) — a banned Left Wing Extremist (LWE) outfit in Jharkhand. He has been in custody since May 17, 2020, after being named in the 2nd supplementary charge sheet filed in a case involving levy collection/extortion from local contractors and traders in LWE-affected areas.
Charges against him include:
Despite trial commencing in March 2021 and examination of 35 witnesses, the case has not concluded.
The Special NIA Court rejected his bail application, noting the seriousness of allegations and the ongoing trial. The Jharkhand High Court upheld the order, distinguishing the case from K.A. Najeeb on the basis that:
The High Court emphasized that under Section 43-D(5) of UAPA, bail must be rejected if accusations appear prima facie true, irrespective of delay. It relied on the Gurwinder Singh v. State of Punjab ruling, which held that delay alone cannot override the gravity of serious offences.
In light of the petitioner’s prolonged incarceration without bail and his claim of delay in trial, the Apex Court issued notice to the Union of India, without commenting on merits at this stage.
The petition was filed through AoR Balaji Srinivasan
Case Title: Dashrath Singh Bhokta @ Dashrath Ganjhu v. Union of India
SLP (Crl) No.: 10018 / 2025
Next Steps: Notice issued; matter to be listed for detailed hearing
This case brings focus back to the balancing act between national security and individual liberty under UAPA. While K.A. Najeeb reaffirmed that liberty cannot be sacrificed to endless pre-trial custody, courts continue to wrestle with how to apply that precedent when prima facie guilt under Section 43-D(5) is established.
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