SC slams NIA for 4-year delay in trial in UAPA case; notes accused has right to speedy trial

NEW DELHI: An angry Supreme Court on Wednesday slammed the NIA, for delaying the trial in an Unlawful Activities (Prevention) Act of 1967 case, and said that even the accused has a right to a speedy trial.The two-judge vacation bench of the top court, led by Justice J B Pardiwala and Justice Ujjal Bhuyan, observed that even though the accused, Javed Gulam Nabi Sheikh, is alleged of committing a serious offence, he has the right to a speedy trial.”Do not make a mockery of justice. The National Investigation Agency is the prosecuting agency (NIA). You are the State; you are the NIA.He might have committed a serious offence, but you 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 said.In view of this, the Court granted him (Sheikh) bail as a pre-condition, and asked him not to leave Bombay and be present before NIA’s Bombay office in 15 days.The bench was hearing an appeal against the Bombay High Court order that declined to release the appellant, Sheikh, on bail in connection with the prosecution under the UAPA.Thr apex court also took into record the fact that the prosecution has to examine 80 witnesses in the case, and it questioned the NIA, as to how it would go in ensuring speedy trial?According to the prosecution, on February 9, 2020, Sheikh was apprehended by the Mumbai police on the basis of secret information. After such an operation was undertaken, counterfeit currency notes were recovered. Allegedly, the notes were from Pakistan.The apex court also noted that the two co-accused (of Sheikh) have been released on bail in the case. It observed that howsoever serious a crime may be, the accused has a right to a speedy trial under Article 21 of the Constitution, the top court said.



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