Don’t Make a Mockery of Justice’: Supreme Court Rebukes NIA for 4-Year Delay in Trial; Affirms Accused’s Right to Speedy Trial
Today, July 3, the Supreme Court granted bail to an accused who had been in jail for four years, sharply criticizing the National Investigation Agency (NIA) for delaying the trial. The case was registered under the Unlawful Activities (Prevention) Act of 1967. The Court emphasized that even though the accused is alleged to have committed a serious offense, he has the right to a speedy trial.
“Do not make a mockery of justice… You are the State; you are the NIA. He (the accused) has the right to a speedy trial, whatever offense he has committed. He might have committed a serious offense, but you are under the obligation to start the trial. He has been in jail for the past four years. Till date, the charge has not been framed,” said Justice Pardiwala.
The Bench, also comprising Justice Ujjal Bhuyan, noted the extensive list of 80 witnesses to be examined and questioned the practicality of the accused remaining in jail indefinitely.
“You propose to examine 80 witnesses. So, tell us how long he should remain in jail?” Justice Pardiwala remarked.
The Supreme Court was hearing an appeal against the Bombay High Court’s decision to deny bail to the appellant in connection with the prosecution under the UAPA. The NIA and State counsels initially sought more time, but the Court refused to adjourn the matter due to the prolonged incarceration of the accused.
According to the allegations, the appellant was apprehended by Mumbai police on February 9, 2020, based on secret information. Counterfeit currency notes, allegedly from Pakistan, were recovered during the operation. Despite the serious nature of the allegations, the Supreme Court highlighted that the two co-accused had already been released on bail.
The Court stressed that regardless of the severity of the crime, the accused has a right to a speedy trial under Article 21 of the Constitution. Consequently, the Court granted bail to the accused, imposing a pre-condition that he must not leave Bombay and must present himself at the NIA’s Bombay office within 15 days.
Case Title: Javed Gulam Nabi Shaikh vs. The State of Maharashtra and Anr, SLP(Crl) No. 3809/2024
