Those accused of crime have the right to a speedy trial irrespective of the offences that they are said to have committed, the Supreme Court said on Wednesday as it criticised the National Investigation Agency for opposing the bail petition of a man who has been in jail for four years, Live Law reported.
A bench of Justices JB Pardiwala and Ujjal Bhuyan made the remarks as it granted bail to the man, Javed Gulam Nabi Shaikh, who was booked under the Unlawful Activities Prevention Act in 2020.
The Mumbai Police on February 9, 2020, apprehended Shaikh based on a tip-off and allegedly recovered counterfeit currency originating from Pakistan from him, The Indian Express reported.
In February this year, the Bombay High Court rejected Shaikh’s petition for bail in the case, after which he moved the Supreme Court, according to the newspaper.
“Do not make a mockery of justice,” Justice Pardiwala told the National Investigation Agency on Wednesday. “He [Shaikh] might have committed a serious offence, but you [agency] are under the obligation to start the trial. He has been in jail for the past four years. Till date, the charge has not been framed.”
The court also noted that 80 witnesses were yet to examined in the case, according to Live Law. “You propose to examine 80 witnesses. So, tell us how long he [Shaikh] should remain in jail?” Pardiwala asked.
During the hearing, the counsel for the agency requested additional time. The bench, however, declined to adjourn the matter.
The court noted that Shaikh was entitled to a speedy trial under Article 21 of the Constitution, which pertains to the protection of life and personal liberty.
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