Case Note & Summary
The Supreme Court allowed the appeal of Ashim @ Asim Kumar Haranath Bhattacharya, accused no. 6 in a case investigated by the National Investigation Agency (NIA), and granted him post-arrest bail. The appellant was arrested on 6th July 2012 in connection with FIR No. 138/2012 initially lodged under various sections of IPC, Arms Act, and Explosive Substances Act, later re-registered by NIA for offences including Sections 120B, 121, 121A, 122 IPC, Section 25(1A) of the Arms Act, Section 5 of the Explosive Substances Act, and Sections 18, 20, 40(1)(b)(c) of the Unlawful Activities (Prevention) Act, 1967. The charge sheet was filed in 2012, and charges were framed on 20th June 2019, after seven years. The appellant had been in custody for nine and a half years as an undertrial, and was 74 years old. The trial was progressing slowly, with 298 prosecution witnesses listed, though the NIA stated it would examine only 100-105. The court noted that the trial was being held only one day a month, frustrating the mandate of Section 19 of the NIA Act, 2008 which requires day-to-day trial. The court relied on Union of India v. K.A. Najeeb (2021) 3 SCC 713, holding that statutory restrictions like Section 43D(5) UAPA do not oust constitutional courts' power to grant bail on grounds of violation of Article 21 (right to speedy trial) when trial is unlikely to be completed within a reasonable time and incarceration has been substantial. The court directed the appellant's release on bail subject to conditions imposed by the trial court, and also directed the State of West Bengal and the Central Government to designate more Special Courts under the NIA Act to ensure speedy trials.
Headnote
A) Constitutional Law - Right to Speedy Trial - Article 21 of the Constitution of India - Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21. Period of deprivation pending trial cannot be unduly long. Timely delivery of justice is part of human rights and denial of speedy justice threatens public confidence in administration of justice (Paras 12-13). B) Criminal Law - Bail - Statutory Restrictions vs. Constitutional Rights - Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 - The presence of statutory restrictions like Section 43D(5) UAPA does not oust the ability of constitutional courts to grant bail on grounds of violation of Part III of the Constitution. The rigours of such provisions melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence (Para 14). C) Criminal Procedure - Bail - Long Incarceration - The appellant, aged 74, has been in custody since 6th July 2012, completing nine and a half years as an undertrial. Charges were framed after 7 years, and trial is likely to take considerable time. The court balanced the nature of crime with the period of incarceration and likelihood of trial completion, granting bail (Paras 8, 11, 15). D) National Investigation Agency Act, 2008 - Speedy Trial - Section 19 of the NIA Act mandates day-to-day trial on all working days. The court noted that only one Special Court exists in West Bengal and hearings occur only once a month, frustrating the legislative purpose. Directions issued to designate more Special Courts (Paras 16-19).
Issue of Consideration
Whether the appellant is entitled to post-arrest bail pending trial considering the period of incarceration already undergone and the likelihood of trial being completed within a reasonable time, despite the statutory restrictions under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and directed the trial court to release the appellant on post-arrest bail within three days, subject to conditions deemed fit by the trial court. The court also directed the State of West Bengal and the Central Government to designate more Special Courts under the NIA Act to ensure speedy trials.
Law Points
- Bail
- Speedy Trial
- Article 21
- Section 43D(5) UAPA
- Section 19 NIA Act
- Long Incarceration
