GUWAHATI: The Supreme Court has granted bail to an accused charged under the Unlawful Activities (Prevention) Act (UAPA), citing the fundamental right to a speedy trial under Article 21 of the Constitution on Monday, February 17.
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A bench comprising Justices JB Pardiwala and R Mahadevan passed the order while hearing the plea of the accused, who had been in custody since 2020 after being arrested by the Chhattisgarh Police for allegedly carrying articles linked to Naxalite activities.
The Court expressed concern over the prolonged incarceration of the accused, particularly as the prosecution planned to examine 100 witnesses, of whom only 42 had been examined so far. It questioned the necessity of calling such a large number of witnesses when the majority of those already examined had given similar testimonies. Referring to the case of Malak Khan vs. Emperor, the Court observed that it was unnecessary to produce every witness in cases where the evidence was largely repetitive.
The Court noted, “If an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed. The stress of long trials on accused persons – who remain innocent until proven guilty – can also be significant. Accused persons are not financially compensated for what might be a lengthy period of pretrial incarceration. They may also have lost a job or accommodation, experienced damage to personal relationships while incarcerated, and spent a considerable amount of money on legal fees. If an accused person is found not guilty, they have likely endured many months of being stigmatized and perhaps even ostracized in their community and will have to rebuild their lives with their own resources.”
The bench remarked that delays in criminal trials are detrimental not only to the accused but also to victims, society, and the credibility of the justice system.
The Supreme Court set aside the High Court’s order denying bail and allowed the appeal, reaffirming the constitutional guarantee of a speedy trial.