K.T.Sankaran, J.

Terrorism is one of the main threats to the safety and security of India and the people of India. The Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967) was enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and for matters connected therewith. The Act was amended in 2004 and the words "and for dealing with terrorist activities" were inserted in the preamble. The Act was amended in 2008 and 2013 as well. In order to effectively combat terrorism, certain stringent provisions have been incorporated in the Act. One among these provisions is sub- section (5) of Section 43-D of the Act, which provides that notwithstanding anything contained in the Code of Criminal Procedure, no person accused of an offence punishable under Chapters IV and VI of the Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release. The proviso to sub-section (5) of Section 43-D states that such accused person shall not be released on bail or on his own bond if