NEW DELHI: Holding that speedy trial is a fundamental right of an accused, an SC bench of Justice J B Pardiwala and Ujjal Bhuyan has said long incarceration with the improbability of the trial being completed in the near future is a good ground to grant bail, which cannot be denied just because the charges against the accused are very serious.
The court’s ruling assumes significance in view of stringent bail conditions prescribed under different laws, including Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA).
It granted bail to an accused facing trial under UAPA for indulging in terrorist acts and smuggling counterfeit Indian currency as he had been behind bars for the last nine years, reports Amit Anand Choudhary.
“…the right to life and personal liberty enshrined under Article 21 is overarching and sacrosanct… Even in the case of interpretation of a penal statute, however stringent it may be, a constitutional court has to lean in favour of constitutionalism and the rule of law of which liberty is an intrinsic part,” Justice Bhuyan, who wrote the judgment, said. “If the alleged offence is a serious one, it is all the more necessary to ensure that the trial is concluded expeditiously.”
The court’s ruling assumes significance in view of stringent bail conditions prescribed under different laws, including Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA).
It granted bail to an accused facing trial under UAPA for indulging in terrorist acts and smuggling counterfeit Indian currency as he had been behind bars for the last nine years, reports Amit Anand Choudhary.
“…the right to life and personal liberty enshrined under Article 21 is overarching and sacrosanct… Even in the case of interpretation of a penal statute, however stringent it may be, a constitutional court has to lean in favour of constitutionalism and the rule of law of which liberty is an intrinsic part,” Justice Bhuyan, who wrote the judgment, said. “If the alleged offence is a serious one, it is all the more necessary to ensure that the trial is concluded expeditiously.”