- Supreme Court criticizes NIA for a 4-year delay in starting the trial of an accused under the Unlawful Activities (Prevention) Act (UAPA).
- Justice J.B. Pardiwala emphasizes the right to a speedy trial, regardless of the severity of the charges.
- Accused Javed Gulam Nabi Shaikh granted bail after being in jail since February 2020 without charges being framed.
Why Did the Supreme Court Rebuke the NIA?
On Wednesday, the Supreme Court sternly reprimanded the National Investigation Agency (NIA) for opposing the bail plea of Javed Gulam Nabi Shaikh, who has been in jail for four years without a trial. Justice J.B. Pardiwala, presiding over a two-judge bench alongside Justice Ujjal Bhuyan, stressed that every accused has the constitutional right to a speedy trial, regardless of the severity of the charges. The court highlighted that despite Shaikh being in jail for four years, the NIA had yet to frame charges against him.
The Court’s Observations
The bench noted the NIA’s intention to examine 80 witnesses and questioned the justification for the prolonged detention without trial. “Do not make a mockery of justice…You are the State; you are NIA… He has the right to a speedy trial, whatever offence he has committed. He might have committed a serious offence, but you are under the obligation to start the trial. He has been in jail for the past four years. To date, the charge has not been framed,” Justice Pardiwala stated.
Despite the NIA’s request for more time, the court refused to adjourn the hearing, reiterating that the right to a speedy trial is enshrined in the Constitution and essential for upholding Article 21, which guarantees the protection of life and personal liberty.
Background of the Case
Shaikh was apprehended by Mumbai police on February 9, 2020, based on a tip-off, and allegedly found in possession of counterfeit currency from Pakistan. After his bail plea was rejected by the Bombay High Court in February this year, Shaikh approached the Supreme Court. Notably, the court also observed that two of Shaikh’s co-accused had already been granted bail.
The Supreme Court’s decision to grant bail underscores the judiciary’s commitment to ensuring that the right to a speedy trial is respected, emphasizing that prolonged detention without trial constitutes a violation of fundamental rights. This ruling serves as a reminder to investigative agencies to uphold their obligations and expedite the judicial process to maintain the integrity of the justice system.
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