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NIA court refuses bail to Irfan Shafi Mir after six years imprisonment as UAPA again overrides fundamental rights
ALLNEWS
A special NIA court in Jammu has rejected the bail application of Kashmiri detainee Irfan Shafi Mir, who has been imprisoned for over six years under the Unlawful Activities Prevention Act without his trial concluding. The court dismissed the application, ruling that prolonged imprisonment alone does not justify release and that the principle of bail as the rule and jail as the exception does not apply with equal force in UAPA cases where accusations are prima facie credible.
His defence argued that the trial's slow pace violated his constitutional right to speedy justice under Article 21, that no sufficient incriminating evidence had been established, and that he presented no risk of absconding or interfering with witnesses. The court rejected each argument.
Six years. An incomplete trial. A constitutional right to speedy justice explicitly raised and explicitly dismissed. The UAPA does not require the state to prove its case within any defined timeframe, and the court has confirmed today that prolonged imprisonment under an unfinished prosecution is not, in itself, grounds for release. Irfan Shafi Mir remains in a cell. The trial that will determine whether the Indian regime's accusations are true continues at the pace the Indian regime finds convenient. That pace has already consumed six years of his life. The court sees no reason to intervene.
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