By Ajuni Bedi
JHARKHAND: On April 11, 2025, freelance journalist Rupesh Kumar Singh will complete 1,000 days in jail. Arrested on July 17, 2022, under the draconian Unlawful Activities (Prevention) Act (UAPA), Singh has been repeatedly denied bail, despite the legal principle that “bail is the rule and jail is the exception”, a cornerstone of Indian criminal jurisprudence.
This prolonged incarceration has triggered an outcry among human rights defenders, fellow journalists, and civil society organisations, who have now written an open letter to the Chief Justice of India (CJI) urging urgent judicial intervention. The letter cites the Supreme Court’s own precedent in State of Rajasthan v. Balchand alias Baliay (1977), where Justice V.R. Krishna Iyer famously asserted:
“The basic rule is bail, not jail.”
This principle has been echoed in numerous subsequent judgments, including Arnesh Kumar v. State of Bihar (2014) and Sanjay Chandra v. CBI (2011), establishing that bail should be the norm, especially before conviction. Yet, as Rupesh’s case shows, the maxim is increasingly disregarded when it comes to journalists, activists, and dissenters.
This story was originally published in lawchakra.in. Read the full story here.
