NEW DELHI: The Supreme Court on Wednesday granted bail to an accused under the Unlawful Activities (Prevention) Act, observing that the right to speedy trial can't be frustrated in view of seriousness of the charges.
A bench of Justices J B Pardiwala and Ujjal Bhuyan pulled up the National Investigation Agency over the delay in prosecuting the accused in the case related to counterfeit currency.
The court noted the has remained incarcerated without trial for the last four years.
As the NIA counsel sought time, the bench said that the constitutional right to a speedy trial cannot depend on the severity of the alleged crime.
"You are the NIA. Please do not make a mockery of justice. It has been four years, and the trial has not commenced. This is not done," the bench said.
"How long should he remain incarcerated," the bench asked the NIA counsel.
The court said whatever offence an accused has committed but he has a right to speedy trial.
Petitioner here, Javed Gulam Nabi Shaikh questioned the Bombay High Court order, which declined to consider his bail plea.
He was arrested by Mumbai police on February 9, 2020 on a tip off, which led to the recovery of counterfeit currency notes allegedly originating from Pakistan.
The NIA afterwards took over the case.
The bench noted that the two co-accused had already been granted bail, with one bail order currently under challenge before the apex court, but there was no stay on the bail.
Howsoever serious a crime may be, the accused has a right to speedy trial, as enshrined under the Constitution. We are convinced that the manner in which the court and the prosecuting agency have proceeded in this case, the right to speedy trial has been frustrated, thereby violating Article 21 (of the Constitution), the bench said.
The court granted bail to Shaikh on terms and conditions to be set by the trial court, while noting that the trial court had not yet framed charges against the petitioner and the prosecution was to examine 80 witnesses.
