New Delhi, July 5: In a landmark decision, the Supreme Court of India has granted bail to Javed Gulamnabi Shaikh, who was held for four years without charges being framed, and strongly criticized the National Investigation Agency (NIA), trial courts, and the Bombay High Court for prolonged delays in the trial. The Court emphasized that such delays are a “mockery of justice.”
On Wednesday, a Division Bench comprising Justices J.B. Pardiwala and Ujjal Bhuyan reviewed an appeal against the Bombay High Court’s February decision that denied Shaikh bail. The Supreme Court highlighted that the delays violated Shaikh’s constitutional right to a speedy trial under Article 21.
Shaikh, a 36-year-old resident of Kalwa in Thane district, was arrested on February 9, 2020, at Mumbai’s Chhatrapati Shivaji Maharaj International Airport, allegedly in possession of high-quality fake currency notes worth nearly Rs 24 lakh. The Mumbai police, acting on a tip-off from central agencies including the CIA, claimed Shaikh had previously traveled to Dubai and Bangkok to bring in similar consignments.
The NIA took over the case on February 14, 2020, and filed a charge sheet on August 6, 2020, under sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA), alleging a criminal conspiracy to circulate fake currency with the intent to undermine India’s monetary stability.
The Supreme Court underscored the fundamental right to a speedy trial, criticizing the prosecuting agency and the lower courts for infringing on this right. The Court pointed out that even after four years, charges had not been framed, and the prosecution planned to examine eighty witnesses, potentially prolonging the trial further.
The Court reiterated that an accused is presumed innocent until proven guilty and reminded lower courts that “bail is not to be withheld as a punishment.” It also noted that the NIA Act mandates day-to-day trials, which was not followed in Shaikh’s case.
This ruling has sparked discussions about the rights of undertrials and the broader implications for India’s criminal justice system. Nadeem Khan, national secretary of the Association for Protection of Civil Rights (APCR), called for a timeframe for trials and compensation for those falsely implicated. Legal experts and journalists have also highlighted similar cases, such as the Bhima Koregaon case, where prolonged detentions have occurred without trial progression.
The Supreme Court’s decision to grant bail to Javed Shaikh not only brings relief to him but also sets a significant precedent. It calls attention to the need for reforms in the criminal justice system to ensure speedier trials and protect the fundamental rights of the accused. The ruling may influence future cases and prompt a review of the use of stringent laws like the UAPA, advocating for a more transparent and accountable judicial process.
