New Delhi: The Supreme Court on Wednesday held that no accused can be left to languish in jail without being given a fair and speedy trial, while hearing a case under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Vikram Nath and K V Viswanathan directed the trial court to expedite proceedings and conclude the trial within two years, noting that more than 100 prosecution witnesses were yet to be examined.
The verdict came on two appeals against an April 2022 Karnataka High Court order which had granted bail to one accused but denied it to another in a case registered in Bengaluru in January 2020 against 17 people under UAPA. The National Investigation Agency later took over the probe and filed a chargesheet in July 2020.
The Centre had appealed against the bail granted to one accused, while the co-accused who was denied relief challenged the refusal. The bench upheld the high court’s decision, saying the reasons given for granting bail to one and rejecting the other were justified.
The court noted that the accused who was granted bail was linked to an organization not listed as banned under UAPA, while the other had alleged connections with banned terrorist groups and was accused of operating on the dark web to assist their members.
The bench dismissed both appeals, but directed the prosecution to fully cooperate in presenting evidence so the trial could be concluded within the set timeframe. It also instructed the accused to extend full cooperation.
The court added that if an accused was found to be deliberately delaying the trial, the prosecution or the trial court could move for cancellation of bail.