Justice Atul Sreedharan of the Jammu Kashmir High Court criticized the use of “copy-paste” arguments by the government in opposing bail for individuals accused under the Unlawful Activities (Prevention) Act (UAPA),reported Bar and Bench.
In a ruling on April 19, Justice Sreedharan observed that general claims about national security, radical Islamism, and allegiance to Pakistan are often used instead of specific evidence against the accused.
These broad arguments, he noted, are frequently made to influence the court psychologically rather than provide concrete evidence. Justice Sreedharan emphasized that such generalized allegations cannot be the sole basis for denying bail when no specific material implicates the accused.
In this particular case, the accused, initially arrested in 2013 and later released, was re-arrested in 2022 after a chargesheet was filed. The trial court had denied bail, but the High Court found that no prima facie case was made by the State, as no independent witness or material evidence was presented.
Justice Mohammad Yousuf Wani concurred with granting bail but disagreed with Justice Sreedharan’s remarks about the “copy-paste” arguments. Ultimately, the High Court allowed the bail, noting the State’s failure to provide sufficient evidence.
Advocate Sajad Ahmad Geelani represented the accused, while Senior Additional Advocate General AR Malik and others appeared for the Jammu and Kashmir government.