Bombay High Court Grants Bail to Hany Babu After Over Five Years of Pretrial Incarceration

Prolonged detention without trial violates Article 21 rights, necessitates bail, rules court.

In a significant ruling, the Bombay High Court has granted bail to Hany Babu, an accused under the Unlawful Activities (Prevention) Act (UAPA), citing prolonged pretrial incarceration. The court noted that Babu had been in custody for over five years and seven months without trial, which infringes on his right to life and personal liberty under Article 21 of the Indian Constitution. The bench, comprising Justices A. S. Gadkari and Ranjitsinha Raja Bhonsale, emphasized the constitutional court's role in harmonizing statutory restrictions with constitutional guarantees.

The judgment highlights that the charge sheet in Babu's case is voluminous, with approximately 20,000 pages and 363 witnesses, indicating that the trial would take a substantial time to conclude. The court also referenced the release of other co-accused on similar grounds, establishing a precedent of parity in granting bail.

The National Investigation Agency (NIA), represented by Additional Solicitor General Anil C. Singh, argued against the bail, stating that mere prolonged incarceration should not be the sole ground for bail. However, the court, relying on previous Supreme Court judgments, underscored that constitutional rights must prevail over statutory restrictions when trials are unduly delayed.

The court laid down specific conditions for Babu's bail, including a personal bond of Rs. 1,00,000, surrendering his passport, and reporting to the NIA office monthly. The decision reaffirms the judiciary's commitment to upholding human rights, even in cases involving stringent laws like UAPA.

Bottom Line:

Prolonged incarceration without trial amounts to infringement of right under Article 21 of the Constitution and necessitates release on bail.

Statutory provision(s): National Investigation Agency Act, 2008 Section 21(4), Code of Criminal Procedure, 1973 Section 439, Unlawful Activities (Prevention) Act, 1967 Sections 13, 16, 17, 18, 18A, 18B, 20, 38, 39, Indian Penal Code, 1872 Sections 121, 121-A, 124-A, 153-A, 505(1)(b), 115, 120-B, 201 r/w 34, Article 21 of the Constitution of India.

Hany Babu v. National Investigation Agency, (Bombay)(DB) : Law Finder Doc Id # 2817717