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100 _a Khan, Rafique
_960233
245 _aRecipe for the making of a perpetual accused: Exceptional law and normalised incarceration
260 _aEconomic & Political Weekly
300 _a61(6), Feb 7, 2026: p.17-19
520 _aThe 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
773 _aEconomic & Political Weekly
942 _cAR