UAPA : Prolonged detention without filing of chargesheet - Bail can be granted in such circumstances

Supreme Court Grants Bail to Tonlong Konyak Due to Unjustified Prolonged Detention under UAPA Apex Court Criticizes Delay in Filing Chargesheet; Affirms Right to Bail in Absence of Incriminating Evidence

In a significant ruling, the Supreme Court of India has granted bail to Tonlong Konyak, who was detained under the Unlawful Activities (Prevention) Act (UAPA) for nearly two years without a chargesheet being filed. The judgment, pronounced by Justices Vikram Nath and Sandeep Mehta, underscored the violation of Konyak's rights under Section 43D(2)(a) of the UAPA due to the prolonged detention.

The case emanates from FIR No. 29/2023 registered at Sapekhati Police Station, Assam, linked to alleged extortion activities by members of the United Liberation Front of Assam (ULFA-Independent). Konyak was apprehended by Assam Rifles on July 23, 2023, allegedly carrying extortion money. Despite the initial arrest, the chargesheet was not filed until July 30, 2025, prompting the Supreme Court's intervention.

The Court noted the absence of incriminating material or direct allegations against Konyak, which compounded the unjust nature of his extended custody. The Special Judge at Charaideo had earlier denied an extension for the investigation, which typically can be prolonged to 180 days with court approval under UAPA provisions.

This decision follows a precedent where Konyak had been granted default bail in a similar case at Sivasagar Police Station, Assam, due to the failure to file a chargesheet within the stipulated timeframe.

In their order, the Justices emphasized the importance of timely legal proceedings and the need for the prosecution to substantiate allegations with evidence. They directed that Konyak be released on bail under conditions set by the Trial Court while mandating his cooperation in the trial process.

The ruling not only highlights procedural lapses by the State but also reinforces the judiciary's role in safeguarding individual liberties, especially under stringent laws like the UAPA.

Bottom Line:

Prolonged detention without filing of chargesheet under UAPA is unjustified and violative of Section 43D(2)(a) of the Unlawful Activities (Prevention) Act, 1967. Bail can be granted in such circumstances.

Statutory provisions: Section 43D(2)(a) of the Unlawful Activities (Prevention) Act, 1967, Sections 120B, 121, 121A, 384 of the Indian Penal Code, 1860, Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, Section 167 of the Code of Criminal Procedure, 1973 (187 Bharatiya Nagarik Suraksha Sanhita, 2023).

Tonlong Konyak v. State of Assam, (SC) : Law Finder Doc Id # 2818489