“Do not make a mockery of justice,” SC scolds NIA for a 4-year delay in trial and grants bail to the accused saying he has the right to a speedy trial

While granting bail to an accused who was in jail for 4 years in a counterfeit currency case,  today (July 03, 2024), the Supreme Court (SC) of India scolded the National Investigation Agency (NIA) for delaying the trial. The bench constituting Justice JB Pardiwala and Justice Ujjal Bhuyan said, “Do not make a mockery of justice…The National Investigation Agency is the prosecuting agency (NIA). You are the State; you are the NIA…He has the right to a speedy trial, whatever offence he has committed. He might have committed a serious offence, but you are under the obligation to start the trial. He has been in jail for the past four years. To date, the charge has not been framed…” It means that regardless of the seriousness of a crime, the accused has the right to a speedy trial which has been infringed thus violating Article 21 of the Constitution of India. Further, the bench noticed that around 80 witnesses are to be examined, it said “You propose to examine 80 witnesses. So, tell us how long he should remain in jail?” The SC was hearing an appeal against the decision of the Bombay High Court declining to release the appellant on bail. Initially during the proceedings today, the counsels for NIA and the State prayed for time but the SC declined the adjourn the matter after considering the prolonged incarceration of the accused. Therefore, the top court set aside the Bombay HC’s order and granted bail to the accused.