Court Cites Violation of Fundamental Right to Speedy Trial Under Article 21 of the Constitution
In a significant ruling, the Jammu and Kashmir High Court, under the bench of Justice Wasim Sadiq Nargal, has directed the expeditious conclusion of the trial for Arif Billa Sheikh, who has been under prolonged detention since his arrest in 2020. The court acknowledged the delay in trial as a violation of the fundamental right to a speedy trial, guaranteed under Article 21 of the Constitution of India.
The petitioner, Arif Billa Sheikh, has been in custody since March 30, 2020, following his arrest in connection with FIR No. 03/2020, which pertains to offenses under the Unlawful Activities (Prevention) Act, 1967, the Explosive Substances Act, and the Indian Penal Code. Despite charges being framed on March 29, 2021, the trial has yet to reach a conclusion, leading to Sheikh's prolonged incarceration.
Justice Nargal emphasized the constitutional imperative for a speedy trial, particularly under stringent laws like UAPA, which involve serious allegations. The court highlighted that the seriousness of the charges should not overshadow the accused's right to a fair and timely trial, a principle reinforced by several Supreme Court judgments.
The court also referred to Section 19 of the National Investigation Agency Act, 2008, which mandates that trials by Special Courts be conducted on a day-to-day basis, highlighting the legislative intent to prevent prolonged detentions without trial. The court reiterated that unnecessary delays not only undermine the justice system but also infringe upon the accused's liberty, transforming the judicial process into punishment.
The court directed the trial court to prioritize the case and ensure its expeditious conclusion while urging both prosecution and defense to cooperate and avoid unnecessary adjournments. The judgment underscores the judiciary's role in balancing societal interests with individual liberties, ensuring that justice is not only done but seen to be done promptly.
Bottom line:-
Prolonged incarceration and delay in conclusion of a trial amount to violation of the fundamental right to a speedy trial under Article 21 of the Constitution of India. Courts must ensure that trials, especially under stringent laws like UAPA, are conducted expeditiously to balance societal interests with individual liberty.
Statutory provision(s): Article 21 of the Constitution of India, Section 19 of the National Investigation Agency Act, 2008.
