UAPA- Period Of Deprivation Of Personal Liberty Pending Trial Cannot Be Unduly Long: Supreme Court Grants Bail To Accused

The Supreme Court observed that  period of deprivation of personal liberty pending trial/appeal cannot be unduly long.

Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the Courts would ordinarily be obligated to enlarge him on bail, the bench comprising Justices Ajay Rastogi and Abhay S. Oka observed.

The court was considering a case of an under trial accused under Sections 120B, 121, 121A, 122 IPC, Section 25(1A) of the Arms Act 1959, Section 5 of the Explosive Substances Act, 1908 and Sections 18,20,40(1)(b)(c) of the Unlawful Activities(Prevention) Act, 1967. It noted that the accused, who is presently 74 year old is in custody since 6th July, 2012 and has completed nine and half years of incarceration as an undertrial prisoner.

The court observed that the charges against the accused are serious but the charges will have to be balanced with certain other factors like the period of incarceration which he has undergone and the likelihood period within which the trial can be expected to be finally concluded.  In this context, the bench observed thus:

This Court has consistently observed in its numerous judgments that the liberty guaranteed in Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial is imperative and the undertrials cannot indefinitely be detained pending trial. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the Courts would ordinarily be obligated to enlarge him on bail.. Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution of India. While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice.

The court also noticed that only one Special Court has been designated by the State of West Bengal to try cases under the National Investigation Agency Act, 2008. Therefore it issued the following directive:

In the given circumstances, we consider it appropriate to direct that the State of West Bengal shall take up the issue and designate more dedicated courts of Sessions as Special Courts for the trial of offences specified in the schedule appended to the Act 2008. At the same time, the Central Government may also, in consultation with the Chief Justice of the High Court, Calcutta may exercise its power and take up the issue at the earliest so that such trials which are pending under the Act 2008 may go ahead speedily and the mandate, as intended by the legislature in its wisdom, reflected from Section 19 of the Act, is being complied with in its letter and spirit.

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