'Bail Is Rule, Jail Exception': Supreme Court's Reminder For Anti-Terror Cases

The reminder came as the court heard the bail plea of retired cop Jalaluddin Khan, who was booked under the UAPA for renting part of his house to alleged members of the banned PFI.

The Supreme Court has re-emphasised the 'bail is rule, jail is exception' principle - which it underlined while granting bail last week to ex Delhi Deputy Chief Minister Manish Sisodia - that courts must follow, even when charges are filed under special statutes like anti-terror law UAPA.

The reference was to one of the truly landmark moments in Indian jurisprudence, dating back to 1977 when Justice Krishna Iyer lay down what many see as a cardinal rule, that 'bail is the rule...'

And, in a significant statement today, a bench of Justice Abhay S Oka and Justice Augustine George Masih seemed to channel that sentiment, stating that "once a case has been made out for grant of bail... the court cannot decline relief".