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Supreme Court Grants Bail, Raps Assam for Two-Year UAPA Detention Without Chargesheet

The bench held that custody beyond Section 43D’s 180-day ceiling for filing a chargesheet was unlawful.

Overview

  • A Supreme Court bench of Justices Vikram Nath and Sandeep Mehta on Friday granted bail to Tonlong Konyak after noting a two-year custody without a timely chargesheet.
  • The court called the detention "appalling" and "illegal," stressing that UAPA permits extensions only up to 180 days by a specific judicial order.
  • Konyak was arrested on July 23, 2023, and the chargesheet was filed only on July 30, 2025, well past the statutory window.
  • The Gauhati High Court had denied bail on December 20, 2024, citing alleged illegal entry and Section 43D(7), a view the Supreme Court rejected in granting relief.
  • Assam’s counsel said Konyak is a Myanmar national linked to multiple cases and that co-accused are absconding, but the bench emphasized default-bail principles and noted he had earlier received default bail in two other UAPA matters.