Speedy Trail vs UAPA
Context:
The Supreme Court has reaffirmed that the constitutional right to a speedy trial takes precedence over stringent provisions in laws like the Unlawful Activities (Prevention) Act (UAPA).
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Article 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- In a landmark judgment, a bench comprising Justices Abhay S. Oka and A.G. Masih held that prolonged incarceration without trial violates Article 21 of the Constitution, which guarantees the right to life and personal liberty.
- The court emphasised that statutory restrictions under UAPA cannot be the sole justification for denying bail, especially when trials are unlikely to conclude within a reasonable time frame.
- This ruling comes as the court granted bail to Athar Parwez, an alleged member of the Popular Front of India (PFI), accused of conspiring to disrupt public order during the Prime Minister’s proposed visit to Patna in July 2022.
- Parwez, arrested on July 12, 2022, has been in custody for over two years and four months without trial, with the prosecution failing to frame charges despite filing a chargesheet in January 2023.
Significant Precedents and Observations
- The judgment, authored by Justice Masih, builds on previous rulings, such as Union of India Vs K.A. Najeeb (2021) and Thwaha Fasal Vs Union of India (2022), where the court held that undue delay in trials could warrant bail, even in cases involving serious allegations under UAPA.
- The bench underscored that constitutional protections must not be overridden by the gravity of charges, reaffirming the principle that an accused is presumed innocent until proven guilty.
The Unlawful Activities (Prevention) Act (UAPA) is an Indian law enacted in 1967 to prevent unlawful activities and associations that threaten the integrity and sovereignty of India. The Act empowers the government to designate organisations and individuals as terrorists, allowing for special procedures to deal with terrorist activities, including the seizure of property linked to terrorism and investigations by the National Investigation Agency (NIA). The most recent amendment in 2019 expanded the government’s authority to designate individuals as terrorists without a formal judicial process, reflecting a significant shift in counter-terrorism measures in India.
