NEW DELHI: The Supreme Court on Wednesday said every accused has a fundamental right to speedy trial irrespective of the seriousness of the crime alleged against him and an inordinate delay in trial even in such cases would entitle them to bail .
The court recorded this in its order granting bail to one Javed Gulam Nabi Shaikh, who was arrested by Mumbai Police outside Sahar airport on Feb 9, 2020, with fake currency amounting to Rs 21 lakh allegedly being recovered from him. The case was later transferred to National Investigation Agency. However, the apex court found that though a chargesheet had been filed by NIA , the trial court was yet to frame charges.
The case was handed to NIA after it was found that Shaikh, who while in Dubai was allegedly given the counterfeit notes printed in Pakistan, was asked to deliver the fake currency to certain persons for circulation in India.
Rejecting NIA counsel's request for time to file a response to Shaikh's bail plea, the bench said, "You are NIA but the law does not absolve you from facilitating speedy trial to the accused, who has been in jail for the last four years. The charges are not yet framed and the prosecution intends to examine as many as 80 witnesses."
While wondering as to when such a large number of witnesses would be examined and trial be completed, the vacation bench of Justices J B Pardiwala and Ujjal Bhuyan decided to grant him bail, and said, "The manner in which the prosecuting agency and the trial court have proceeded, the accused person's right to speedy trial stands breached."
The bench set aside the Bombay HC order declining bail and ordered Shaikh's release. However, it asked the accused not to leave the city of Mumbai and report to the NIA office once every week.
In Feb 1979, SC in its judgment in the Hussain Ara Khatoon case had, for the first time, linked the right to speedy trial with the right to life guaranteed under Article 21 of the Constitution. It had ruled, "A speedy trial is the essence of criminal justice and, therefore, delay in trial by itself constitutes denial of justice. Though a speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content of Art 21."
The court recorded this in its order granting bail to one Javed Gulam Nabi Shaikh, who was arrested by Mumbai Police outside Sahar airport on Feb 9, 2020, with fake currency amounting to Rs 21 lakh allegedly being recovered from him. The case was later transferred to National Investigation Agency. However, the apex court found that though a chargesheet had been filed by NIA , the trial court was yet to frame charges.
The case was handed to NIA after it was found that Shaikh, who while in Dubai was allegedly given the counterfeit notes printed in Pakistan, was asked to deliver the fake currency to certain persons for circulation in India.
Rejecting NIA counsel's request for time to file a response to Shaikh's bail plea, the bench said, "You are NIA but the law does not absolve you from facilitating speedy trial to the accused, who has been in jail for the last four years. The charges are not yet framed and the prosecution intends to examine as many as 80 witnesses."
While wondering as to when such a large number of witnesses would be examined and trial be completed, the vacation bench of Justices J B Pardiwala and Ujjal Bhuyan decided to grant him bail, and said, "The manner in which the prosecuting agency and the trial court have proceeded, the accused person's right to speedy trial stands breached."
The bench set aside the Bombay HC order declining bail and ordered Shaikh's release. However, it asked the accused not to leave the city of Mumbai and report to the NIA office once every week.
In Feb 1979, SC in its judgment in the Hussain Ara Khatoon case had, for the first time, linked the right to speedy trial with the right to life guaranteed under Article 21 of the Constitution. It had ruled, "A speedy trial is the essence of criminal justice and, therefore, delay in trial by itself constitutes denial of justice. Though a speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content of Art 21."
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