Undertrials cannot indefinitely be detained pending trial, says Supreme Court
The Hindu
Petitioner was booked under UAPA and has been in prison awaiting trial for nearly a decade
Putting a person accused under the Unlawful Activities (Prevention) Act behind bars for an unduly long time with no progress in the trial or appeal process is a violation of his or her fundamental right and a threat to public confidence in the administration of justice, the Supreme Court has held in a judgment.
“While deprivation of personal liberty for some period may not be avoidable, the period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice,” a Bench of Justices Ajay Rastogi and Abhay S. Oka observed in a recent judgment.
Once it is known that a timely trial is not possible and the accused has already suffered a significant period of incarceration, the courts are “obligated” to enlarge an undertrial on bail.