How Can I Expect Justice When My Murderer Is Also My Judge? A Legal Analysis of Prolonged Pre-Trial Detention under the UAPA in the Cases of Umar Khalid and Sharjeel Imam

This article examines the use of the Unlawful Activities (Prevention) Act (UAPA), focusing on the balance between State authority and individual rights in the context of public security. It analyses the expanding interpretation of “Terror Acts” and the bail framework in relation to pre-trial detention. The article traces the evolution of anti-terror laws from TADA and POTA to UAPA and argues that UAPA is a necessary element in combating terrorism and maintaining public security. The article critiques the 2019 amendment made to the UAPA for undermining due process and fundamental rights and acknowledges that the UAPA has the implicit right to be misused, ultimately threatening constitutional values and democratic accountability in India. The article concludes with multiple recommendations in enforcement of the UAPA to ensure that its implementation is fair and balanced.