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Supreme Court of India 2021-12-01 allowed

Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya vs National Investigation Agency

Bench: 2 — Rastogi

In Brief

The appellant, aged 74, was arrested in July 2012 on a production warrant in connection with charges including conspiracy, sedition and unlawful activities. After nine and a half years in custody, charges were framed in June 2019. With over 100 prosecution witnesses still to be examined and trial progressing at only one hearing per month, the Supreme Court held that the delay violated his constitutional right to speedy trial under Article 21. The Court ruled that statutory bail restrictions under UAPA do not preclude bail where trial cannot be completed reasonably. The appellant's appeal was allowed and post-arrest bail directed. The Court also directed State and Central authorities to designate additional Special Courts for NIA trials to comply with mandatory day-to-day trial conduct.

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Constitutional Law Criminal Procedure Bail Right to Speedy Trial National Investigation Agency Act Unlawful Activities Prevention Act

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