The Delhi High Court, in the Umar Khalid bail judgment, agrees wholeheartedly that long incarceration and delay in trial under the draconian Unlawful (Activities) Prevention Act are violations of fundamental rights, but says judges can deny bail in select cases on the strength of “peculiar” facts.

The September 2 judgment highlights the cause of personal liberty and speedy trial while conforming to the stringent conditions for bail under Section 43D (5) of the Act.