New Delhi: The Supreme Court has directed all High Courts to review delays in cases filed under the Unlawful Activities Prevention Act. The order covers other security laws where the burden of proof shifts to the accused. The Court said delays in these trials weaken fairness, especially for undertrials with limited access to legal support.
The Bench of Justice Sanjay Karol and Justice N Kotiswar Singh issued these directions while hearing appeals from the Central Bureau of Investigation. The appeals challenged the Calcutta High Court order that granted bail in the 2010 Jnaneshwari Express derailment case.
The Court instructed Chief Justices of High Courts to collect details on pending cases, the number of designated Special Courts and the status of Special Public Prosecutors. It asked High Courts to give priority to matters pending for more than five years. It told Special Courts to move these cases through day to day hearings.
The judges said a reverse burden regime places a heavy load on the accused. They added that the State must equip the accused with real access to defence preparation. They warned that long delays turn the presumption of guilt into a near fixed conclusion before evidence is tested.
The Court noted that many undertrials come from poor or marginalised communities. It said prolonged incarceration restricts their access to evidence and weakens their ability to counter the allegations. It reminded institutions that justice must remain active, not passive. It urged courts to protect the rights of those facing harsh charges and ensure that the process does not punish them before the verdict.
