SC criticizes NIA for delay in trial, grants bail to accused after four years
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New Delhi: The Supreme Court has criticized the National Investigation Agency (NIA) for an unjustifiable delay in a trial that resulted in an accused being imprisoned for four years without significant progress in the case, as Live Law reported.
Emphasizing that all accused individuals have the right to a speedy trial regardless of the alleged offenses, the Court granted bail to Javed Gulam Nabi Shaikh, who was arrested under the Unlawful Activities Prevention Act in 2020.
Shaikh was apprehended by Mumbai Police on February 9, 2020, after receiving a tip-off, during which they allegedly recovered counterfeit currency originating from Pakistan. Despite being in jail for four years, charges against him have not yet been framed, and 80 witnesses are still to be examined.
In February, the Bombay High Court rejected Shaikh's bail petition, prompting him to approach the Supreme Court. During the Supreme Court hearing, Justices JB Pardiwala and Ujjal Bhuyan criticized the NIA, with Justice Pardiwala stating, “Do not make a mockery of justice... He has been in jail for the past four years. Till date, the charge has not been framed.”
The Supreme Court highlighted that Shaikh is entitled to a speedy trial under Article 21 of the Constitution, which guarantees the protection of life and personal liberty. The bench refused the NIA's request for additional time, underscoring the need for timely judicial proceedings.