The Supreme Court on Wednesday underscored that the right to a speedy trial of an accused cannot be taken away because of the gravity of charges against him. The court stated that it is part of his fundamental rights and he would be entitled to bail in case of delay in trial.
Court Expresses Shock Over Undertrial's Nine-Year Jail Term
A bench of Justices J B Pardiwala and Ujjal Bhuyan expressed 'shock' that an undertrial prisoner was languishing in jail in Uttar Pradesh for the last nine years in a murder case. The court granted him bail on the very first hearing and without seeking the opinion of the state government, which is not the normal procedure to decide a case.
HC Order Rejected for Misinterpreting SC Precedent
The bench also took exception to the Allahabad High Court order rejecting the accused's bail plea. The High Court had cited a Supreme Court judgment as grounds to deny bail. However, the Supreme Court bench said that the High Court had failed to grasp the real import of the apex court's order and expressed disappointment over it.
What the SC Said: 'It appears that the High Court has not been able to understand the true purport and ratio of the decision of this court... All that the High Court ought to have considered is the fact that the petitioner is languishing in jail as an undertrial prisoner for the past nine years. What more was required for the High Court to consider the plea of the petitioner for bail, keeping his right of speedy trial in mind as enshrined under Article 21 of the Constitution,' the Supreme Court bench said.
