Delhi HC urges courts to be doctors to save constitutional rights from demise

New Delhi: Delhi High Court on Wednesday said that courts must not play coroner and attend to legal or constitutional rights only after they are 'dead' but be doctors to save legal or Constitutional rights from demise before they are extinguished. The court was considering an appeal filed by a UAPA accused who was in custody for more than 12 years as an undertrial in a bomb blast case.

A bench of Justices Siddharth Mridul and Justice Anup J Bhambhani said the accused -- Mohd Hakim who allegedly carried cycle ball-bearings from Lucknow to Delhi for allegedly making Improvised Explosive Devices (IEDs) to be employed in a series of bomb blasts that occurred in Delhi in 2008 -- made out a case of his right to the speedy trial being defeated and violated if he is not enlarged on bail.

Urging the courts to be vigilant, and act as sentinels on the qui vive when it comes to protecting constitutional and legal rights, the bench observed that courts should pro-actively step in to protect rights from being stifled and buried and u

The accused, in custody since February 2009, sought bail on the ground that his right to a speedy trial was being violated and he deserves to be released on regular bail during the pendency of the trial. He approached the high court in an appeal against a trial court order rejecting his bail application in the criminal case under several provisions of the Indian Penal Code, 1860, Explosive Substances Act, 1908 and the Unlawful Activities (Prevention) Act, 1967.

The bench observed that even if it is assumed that the accused would be awarded a life sentence after the completion of the trial, he has already undergone more than half the sentence he may eventually face.

"The appellant has spent more than 12 years in custody as an undertrial; 256 witnesses have been examined over the last about 12 years, but 60 prosecution witnesses still remain to be examined. Regardless of how much longer the trial may take hereafter, the incarceration of more than 12 years suffered by the appellant in custody as an undertrial would certainly qualify as a long enough period for the system to acknowledge that the appellant's right to speedy trial continues to be defeated", the court stated.

The court granted bail to the accused adding that the bail was subject to a personal bond in the sum of Rs 25,000 with two local surety in the like amount from family members.

The court ordered the accused to surrender his passport, not travel outside the country without prior permission, keep his cell number active at all times and not contact witnesses or tamper with evidence.

The prosecution contended that offences alleged to have been committed by the accused were grave and heinous. It was stated that a terrorist outfit called 'Indian Mujahideen' had taken the responsibility for the serial bomb blasts that occurred in different places in Delhi on September 13, 2008, that left 26 people dead and 135 were injured