Khan, Rafique
Recipe for the making of a perpetual accused: Exceptional law and normalised incarceration - Economic & Political Weekly - 61(6), Feb 7, 2026: p.17-19
The Unlawful Activities (Prevention) Act has institutionalised a regime of normalised incarceration through ordinary criminal process, producing what may be described as the figure of the “perpetual accused.” Through an examination of bail jurisprudence under Section 43D(5), the article demonstrates how statutory restrictions, judicial deference to prosecutorial narratives, and expansive interpretations of conspiracy have collectively inverted the presumption of innocence. The UAPA detention operates as de facto preventive detention without the constitutional safeguards traditionally associated with such measures, thereby hollowing out the guarantees of personal liberty under Article 21. –Reproduced
https://www.epw.in/journal/commentary/recipe-making-perpetual-accused.html
Recipe for the making of a perpetual accused: Exceptional law and normalised incarceration - Economic & Political Weekly - 61(6), Feb 7, 2026: p.17-19
The Unlawful Activities (Prevention) Act has institutionalised a regime of normalised incarceration through ordinary criminal process, producing what may be described as the figure of the “perpetual accused.” Through an examination of bail jurisprudence under Section 43D(5), the article demonstrates how statutory restrictions, judicial deference to prosecutorial narratives, and expansive interpretations of conspiracy have collectively inverted the presumption of innocence. The UAPA detention operates as de facto preventive detention without the constitutional safeguards traditionally associated with such measures, thereby hollowing out the guarantees of personal liberty under Article 21. –Reproduced
https://www.epw.in/journal/commentary/recipe-making-perpetual-accused.html