The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Wednesday said the right to speedy trial can't be violated due to seriousness of the charge, as it granted bail to an accused under the Unlawful Activities (Prevention) Act.
A bench of Justices J B Pardiwala and Ujjal Bhuyan castigated the National Investigation Agency over the delay in prosecuting the accused in the case related to counterfeit currency as he has remained incarcerated without trial for the last four years.
The court 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.
The court said whatever offence an accused has committed but he has a right to speedy trial.
Petitioner Javed Gulam Nabi Shaikh questioned the Bombay High Court order, which declined to consider his bail plea.
In 2020, he was arrested by Mumbai police, leading to the recovery of counterfeit currency notes allegedly originating from Pakistan.
The NIA subsequently took over the case.
The bench found 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, while noting that the trial court had not yet framed charges against the petitioner and the prosecution was to examine 80 witnesses.