Constitutional & Criminal Law / rights guide

Special Laws & Anti-Terrorism Defense (UAPA, PMLA)

Navigating stringent special statutes, bail limitations under Section 43D(5) UAPA, twin conditions under PMLA, and safeguarding fair trial.

Statutory provisions and authorities

Unlawful Activities (Prevention) Act § 43D(5) (Statutory Bail Threshold)
Prevention of Money Laundering Act § 45 (Twin Conditions of Bail)
BNS § 152 (Acts Endangering Sovereignty, Unity and Integrity)
Union of India v. K.A. Najeeb (2021 - Constitutional Bail for Delay)

Citizen safeguards

Right to constitutional bail under Article 21 despite statutory restrictions when trial is delayed
Right to redacted copies of protected witness statements
Right against indefinite pre-trial incarceration without chargesheet
Right to access personal legal counsel and family visitation in high-security facilities

Procedural guide

Defending Fundamental Rights Under Special Laws

Statutes like UAPA and PMLA invert normal bail principles by requiring the court to be satisfied that the accused is prima facie not guilty before granting release.

1. The Constitutional Remedy: K.A. Najeeb Doctrine

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