New Delhi: The Supreme Court highlighted that there is equal protection for every person on speedy trial in both serious and non-serious cases, slapping the NIA for delaying the prosecution in the Fake Indian Currency notes case. Honourable justices JB Pardiwala and Ujjal Bhuyan provided bail in the case of Javed Gulam Nabi Shaikh, who has been incarcerated without a trial for four years after being arrested by Mumbai police in 2020. The NIA later took it up and accused Shaikh of being involved in a counterfeit currency racket in connivance with Pakistan and Dubai.
The bench berated the delay in the commencement of the trial, saying, “You are the NIA. Please do not mock justice. ” Referring to Article 21 of the Constitution of India, the bench noted that Shaikh’s right to a speedy trial had been compromised. The court reversed the proviso made by the Bombay High Court of refusing bail to Shaikh on the grounds that his constitutional rights had been frustrated because of the trial’s protraction.
Most importantly, the bench also made observations regarding disparities that the co-accused have been granted bail accordingly, raising issues on the delays of charges framing & proceeding initiation. It was worried by the actions of the prosecution and the lack of information regarding the timeline for the trial.
Pertinently, the Supreme Court of India came up with certain conditions to be followed by Shaikh while on bail, including residing in Mumbai and visiting the NIA office frequently. Article 21, with the provision that nobody shall be deprived of the right to life and personal liberty, has been stringently interpreted by the Supreme Court of India to include within it the right to a speedy trial as has been laid down in some cases, including Kartar Singh vs State of Punjab 1994.
The judgment reveals the courts’ interest in constitutional rights, protecting the people from violation of their constitutional rights by slow legal processes.
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