‘Don’t make a mockery of justice’: SC slams NIA for 4-year delay in trial, orders bail

New Delhi: In a significant ruling on Wednesday, the Supreme Court strongly criticised the National Investigation Agency (NIA) for the prolonged delay in the trial of a counterfeit currency case, resulting in the accused languishing in jail for four years without trial.

A Division Bench of Justices JB Pardiwala and Ujjal Bhuyan emphasised the constitutional right to a speedy trial under Article 21, stating that the gravity of the crime does not negate the accused’s rights.

“You are the NIA. Please do not make a mockery of justice. It has been four years and the trial has not commenced. This is not done. Whatever offence the accused has committed, he has the right to a speedy trial. Do not say a word now. Not a word,” the court remarked, reflecting its displeasure with the NIA’s handling of the case.

In light of these circumstances, the court granted bail to the accused, underscoring that the right to a speedy trial had been violated, thereby infringing Article 21 of the Indian Constitution. The ruling highlighted the fundamental principle that even in cases of serious crime, the accused’s right to a swift judicial process must be upheld.

The court was hearing an appeal by the accused against a February 2024 Bombay High Court order that denied bail. The accused had been apprehended by Mumbai Police in 2020 based on secret documents, which led to the recovery of counterfeit currency notes allegedly originating from Pakistan. The NIA later took over the investigation, uncovering that the appellant had visited Dubai in February 2020 and had received the counterfeit currency there.

Expressing disapproval over the delay, the court urged the NIA to avoid undermining justice, given the accused’s right to a timely trial. The court noted that two co-accused had already been arrested and granted bail, with one bail order currently under challenge before the Supreme Court.

The court highlighted that the accused had been held as an undertrial for four years without the trial court framing charges, and the prosecution still needed to examine 80 witnesses. These factors led to the Supreme Court setting aside the Bombay High Court order and granting bail to the accused, subject to conditions imposed by the trial court. The court also directed the accused to mark his appearance at the NIA’s Mumbai office every 15 days.