Supreme Court refuses bail under UAPA but directs AIIMS Jammu to assess Mian Abdul Qayoom’s medical condition, including need for palliative care or Delhi transfer.
Case in NewsThe Supreme Court Refuses Bail In UAPA Case but seeks medical assessment report . |
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Case Overview
Case Name: Mian Abdul Qayoom vs. Union Territory of Jammu and Kashmir (SLP (Crl) No. 1381/2026)
The Supreme Court declined to interfere with the Jammu & Kashmir High Court’s order denying bail to Mian Abdul Qayoom, former President of the J&K High Court Bar Association in a case under the UAPA. A bench comprising Justice MM Sundresh & Justice N Kotiswar Singh limited its consideration to his medical condition. While refusing bail on merits, the Court directed the Director of AIIMS Jammu to constitute a special medical team to examine his health including the need for palliative care or transfer to Delhi.
Key Aspects
The matter arises from the 2020 killing of Advocate Babar Qadri. Initially investigated by local police the case was later transferred to the NIA. Qayoom was arrested in June 2024 following further investigation and subsequently charged.
- FIR under Sections 307, 302 IPC; Sections 7/27 Arms Act.
- Charges under Sections 16(1)(a), 18, 38 of the UAPA.
- Bail denied by Trial Court & High Court on medical grounds.
- Issue: Whether medical condition justifies bail in UAPA offences?
Legal Insights
The Court examined statutory restrictions & medical bail principles under special laws.
- Sections 16, 18 & 38, UAPA – Terrorist act, conspiracy, membership of terrorist organisation.
- Section 43D(5), UAPA – Restrictive bail provision in terror cases.
- Bail on medical grounds granted only in exceptional circumstances.
- Court may seek independent medical evaluation to safeguard Article 21 of Constitution of India rights.
Court’s Verdict
The Supreme Court of India refused to grant bail to Mian Abdul Qayoom on merits. However, it directed AIIMS Jammu to constitute a special medical team and submit a report within 3 weeks regarding his health condition & treatment facilities. The matter is listed for further consideration limiting the present relief strictly to medical evaluation.
Source – Supreme Court of India
Read also – Constitution of India
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