Today(on 3rd July), The Supreme Court of India chastised the NIA for delaying the trial in a counterfeit currency case, leading to the accused being held in jail for four years without trial, emphasizing the constitutional right to a speedy trial regardless of the offense’s severity.
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NEW DELHI: Today(on 3rd July), The Supreme Court of India issued a stern rebuke to the National Investigation Agency (NIA) for its protracted delay in commencing the trial of an accused in a counterfeit currency case. This delay has resulted in the accused being detained in jail for an extended period of four years without a trial.
The Division Bench, consisting of Justices JB Pardiwala and Ujjal Bhuyan, underscored the paramount importance of the right to a speedy trial as guaranteed under Article 21 of the Indian Constitution. The Bench highlighted that this right must be upheld irrespective of the severity of the alleged crime.
Addressing the NIA’s handling of the case, the Court asserted-
“Do not mock justice, NIA. Four years and no trial—it’s unacceptable. Regardless of the offense, the accused deserves a speedy trial. Stay silent now. Not a word.”
In light of the prolonged delay, the Supreme Court decided to grant bail to the accused.
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The Court reiterated the fundamental principle that –
“No matter how serious the crime, the accused has a constitutional right to a speedy trial. Violating Article 21, the right to speedy trial has been infringed.”
The Justices’ remarks bring attention to the critical issue of judicial delays and the resulting infringement of constitutional rights. This case serves as a reminder of the judiciary’s role in safeguarding the rights of individuals, ensuring that the legal process does not become a punitive measure in itself.
The NIA, established to combat terrorism and other national security threats, has been admonished to ensure that justice is not only done but is seen to be done promptly. This ruling may have broader implications for how investigative agencies handle cases, emphasizing the need for efficiency and adherence to constitutional guarantees.
the Supreme Court has granted bail to an accused involved in a high-profile counterfeit currency case, overturning a February 2024 Bombay High Court order that had denied bail. The accused had been apprehended by Mumbai Police in 2020 based on secret documents, which led to the recovery of counterfeit currency notes allegedly originating from Pakistan.
The National Investigation Agency (NIA) took over the investigation, revealing that the appellant had visited Dubai in February 2020 and received the counterfeit currency there. During the hearing, the Supreme Court expressed strong disapproval of the delay in the trial, emphasizing the importance of a speedy trial as a fundamental right of the accused. The Court remarked that prolonged detention without trial could “make a mockery of justice.”
The Court noted that two co-accused had already been arrested and granted bail, with one of those bail orders currently under challenge before the Supreme Court. This inconsistency in the treatment of the accused raised questions about the fairness and uniformity of the judicial process.
The Supreme Court observed that the accused had been in jail as an undertrial for four years, and the trial court had yet to frame charges. Furthermore, the prosecution had indicated the need to examine 80 witnesses, which would likely prolong the trial even further.
In light of these factors, the Supreme Court decided to set aside the Bombay High Court’s order and grant bail to the accused, subject to conditions set by the trial court. One of the key conditions stipulated by the Supreme Court was that the accused must mark his appearance at the NIA’s Bombay office every 15 days.
The Court’s decision highlights the judiciary’s commitment to upholding the right to a speedy trial and ensuring that justice is not delayed unnecessarily. This ruling serves as a reminder of the importance of balancing the needs of law enforcement with the fundamental rights of individuals in the criminal justice system.
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The Supreme Court’s directive to the NIA to expedite the trial process underscores the critical need for timely justice. The judiciary’s intervention aims to prevent the erosion of trust in the legal system and safeguard the rights of those awaiting trial.
