the Supreme Court in its new KA Najeeb judgment has held that a provision like Section 43D(5) “does not oust the ability of Constitutional Courts to grant bail on grounds of violation of Part III of the Constitution ( on fundamental rights). ”https://www.thequint.com/amp/story/news/law/sc-judgment-uapa-bail-fundamental-rights-long-incarceration-no-trial-ka-najeeb-nia
“This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial,”