Foreign nationals in terrorism probe granted bail while Indian undertrials face challenges

A Delhi Special Court's decision to grant bail to seven foreign nationals in a terrorism-related case has highlighted discrepancies in the application of bail laws between foreign and Indian nationals. The court's ruling enforced a statutory deadline for filing charges, raising questions about the equitable application of legal protections in India's criminal justice system.

Key facts

• Seven foreign nationals, including an American and six Ukrainians, were granted bail in a terrorism-related case.
• The National Investigation Agency filed a chargesheet omitting substantive charges under the Unlawful Activities (Prevention) Act, 1967.
• The court granted bail under Section 167(2) of the Code of Criminal Procedure, 1973, now governed by Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The Supreme Court has affirmed that default bail protects Article 21 liberty and that statutory deadlines are substantive safeguards.

Sources

• Scroll.in