New Delhi: The Supreme Court on Wednesday pulled up the National Investigation Agency (NIA) over the delay in prosecuting a counterfeit currency case in which the accused has been incarcerated without trial for the last four years.
A bench comprising Justices JB Pardiwala and Ujjal Bhuyan stressed that the constitutional right to a speedy trial cannot depend on the severity of the alleged crime. "You are the NIA. Please do not make a mockery of justice. It has been four years, and the trial has not commenced. This is not done," the bench said, adding that the accused has a right to speedy trial.
The apex court made these observations while hearing an appeal filed by Javed Gulam Nabi Shaikh assailing the Bombay High Court order, which did not entertain his bail plea. In 2020, the petitioner was arrested by Mumbai police, leading to the recovery of counterfeit currency notes allegedly originating from Pakistan. Later, the NIA took over the case.
The apex court noted that the two co-accused had already been granted bail, with one bail order currently under challenge before the apex court, but there was no stay on the bail.
“Howsoever serious a crime may be, the accused has a right to speedy trial, as enshrined under the Constitution. We are convinced that the manner in which the court and the prosecuting agency have proceeded in this case, the right to speedy trial has been frustrated, thereby violating Article 21 (of the Constitution)”, said the bench, in its order. Article 21 gives all individuals the fundamental right to life and personal liberty.
During the hearing, the bench minced no words to criticize the delay in the trial and urged the NIA to uphold the right to a speedy trial, instead of seeking more time to submit its counter affidavit in the case. The bench said the trial court had not yet framed charges against the petitioner and the prosecution was expected to examine 80 witnesses, while pointing out the delay in commencement of the trial.
After hearing submissions, the bench granted bail to Shaikh, subject to conditions set by the trial court, and also directed him not to leave Mumbai during the bail. The bench directed him to report to the NIA’s Mumbai office every 15 days. The Bharatiya Nagarik Suraksha Sanhita (BNSS), the new code that has replaced the CrPC, has sought to address delayed justice through some new provisions.
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