Supreme Court Slams NIA, Grants Bail After 4-Year Detention: Urges Speedy Trial in UAPA Case

Jul 4

1 min read

In a significant ruling today, July 3, the Supreme Court granted bail to an accused who had been detained for four years, admonishing the National Investigation Agency (NIA) for prolonged trial delays in a case filed under the Unlawful Activities (Prevention) Act of 1967. The Court, led by Justice Pardiwala and Justice Ujjal Bhuyan, emphasized the accused's right to a speedy trial, denouncing any delays that could undermine the administration of justice.

Justice Pardiwala remarked, "Do not make a mockery of justice... He has the right to a speedy trial, despite the seriousness of the allegations against him. He has been in jail for four years without charges being framed." The Bench, noting the prosecution's plan to examine 80 witnesses, questioned the necessity for continued incarceration without expeditious legal proceedings.

The appeal arose from a Bombay High Court decision denying bail to the appellant under the UAPA. Despite initial requests for more time by NIA and the State, the Court, mindful of the prolonged detention, declined further adjournments. It also noted that co-accused individuals had been released on bail.

The Supreme Court, citing Article 21 of the Constitution, underscored the fundamental right to a speedy trial and granted bail to the accused under specific conditions. The appellant was instructed to remain in Bombay and present himself before NIA's Bombay office within 15 days.

The case, titled JAVED GULAM NABI SHAIKH v. THE STATE OF MAHARASHTRA AND ANR, was heard under SLP(Crl) No. 3809/2024.

Author: Shweta Sabuji