38.6c New Delhi, India, Sunday, June 16, 2024
Judiciary

'Injustice wrecked on the individual is immeasurable,' SC for speedy trial of cases under special laws [Read Judgment]

By LawStreet News Network      03 April, 2023 07:51 PM      0 Comments
'Injustice wrecked on the individual is immeasurable,' SC for speedy trial of cases under special laws

NEW DELHI: The Supreme Court has stressed that cases related to special laws like NDPS and UAPA which have been enacted with stringent provisions on bail, should be taken up and concluded speedily, saying if trials are not concluded in time, the injustice wrecked on the individual is immeasurable.

The top court also asked courts to be sensitive to deleterious aspects of continued incarceration of the accused in cases under the special laws, as in situation of acquittal, the loss to his life is irreparable.

A bench of Justices S Ravindra Bhat and Dipankar Datta deliberated on the issues, while granting bail to Mohd Muslim alias Hussain, who was arrested when he was 23 years of age and continued to remain in jail for seven years while criminal trial has only reached half-way mark.

Even though the petitioner was not found in possession of contraband substance, 'Ganja', main accused and co-accused were already granted bail, it noted, even as the prosecution claimed the petitioner was in touch with the co-accused and got involved with them in financial transactions.

Citing Section 37 of the Narcotic Drugs and Substances Act, the bench said, the court would have to look at the material in a broad manner, and reasonably see whether the accused’s guilt may be proved.

The court also said it would be important to reflect that laws which imposed stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable.

"Jails are overcrowded and their living conditions, more often than not, appalling," the bench said.

According to the Union Home Ministry’s response to Parliament, the National Crime Records Bureau had recorded that as on December 31, 2021, over 5,54,034 prisoners were lodged in jails against total capacity of 4,25,069 lakhs in the country. Of these 122,852 were convicts; the rest 4,27,165 were undertrials, the bench pointed out.

Referring to the danger of unjust imprisonment, the bench said incarceration has further deleterious effects, where the accused belonged to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

india-tv-journalist-rajat-sharma-sues-congress-leaders-for-defamation
Trending Judiciary
India TV journalist Rajat Sharma sues Congress leaders for defamation

Veteran journalist Rajat Sharma sues Congress leaders for defamation in Delhi HC, alleging tweets damaged his 40-year reputation. Justice Krishna reserves order.

15 June, 2024 12:09 PM
miscreants-scribble-ram-on-goat-headed-for-bakri-eid-sacrifice-gau-gyan-foundation-demands-action
Trending Crime, Police And Law
Miscreants scribble "Ram" on goat headed for Bakri Eid sacrifice, 'Gau Gyan Foundation' demands action

Miscreants scribble 'Ram' on goat headed for Bakri Eid sacrifice in Mumbai, animal welfare organization Gau Gyan Foundation demands police action for hurting religious sentiments.

15 June, 2024 05:49 PM

TOP STORIES

madras-hc-directs-tn-puducherry-to-implement-lawyers-welfare-schemes-and-ensure-minimum-pay-for-junior-advocates
Trending Judiciary
Madras HC directs TN, Puducherry to implement Lawyers' Welfare Schemes and ensure minimum pay for junior advocates [Read Order]

Madras HC directs TN and Puducherry to implement lawyers' welfare schemes and ensure minimum stipends for junior advocates, addressing delays and exploitation concerns.

10 June, 2024 12:03 PM
supreme-court-extends-time-for-aap-to-vacate-office-premises-by-aug-10
Trending Judiciary
Supreme Court extends time for AAP to vacate office premises by Aug 10

SC extends AAP's deadline to vacate office till Aug 10, allowing more time for transition despite no alternative space being provided.

10 June, 2024 12:24 PM
delhi-hc-rejects-plea-of-isis-terrorist-who-planned-haridwar-kumbh-mela-terror-attacks
Trending Judiciary
Delhi HC rejects plea of ISIS terrorist who planned Haridwar Kumbh Mela terror attacks [Read Judgment]

Delhi High Court refuses relief for Haridwar Kumbh Mela attack planner ISIS terrorist Mohsin Ibrahim Sayyed.

10 June, 2024 01:31 PM
cant-pass-order-on-the-basis-of-newspaper-reports-sc-castigates-delhi-govt-on-failure-to-remove-defects-in-wp-on-water-issue
Trending Judiciary
'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

10 June, 2024 01:37 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email