The Jammu and Kashmir and Ladakh High Court has ruled that the investigating agency must provide evidence of the accused's "clear and present danger" to society in order to justify the detention in instances involving bail under the Unlawful Activities (Prevention) Act (UAPA). The court made clear that an arrest could not be justified by the mere existence of prima facie evidence; instead, the accused's threat to society had to be proven by the agency, Bar and Bench reported.

The investigative agency may make an arrest under UAPA, the court said, but it must give a convincing explanation of how the accused poses a risk to the public. Despite the strict requirements of UAPA, the accused may be freed on bond if the agency violates their fundamental rights by failing to satisfy the court and cannot explain the arrest.