Allahabad High Court: UAPA Bail Granted Amid Trial Delay Concerns

• The Allahabad High Court granted bail to two men accused in a 2021 terror conspiracy case after over five years in jail.
• The court observed that prolonged custody cannot defeat Article 21 speedy trial rights where prosecution evidence remains incomplete and trial is unlikely to end soon.
• The high court noted that the prosecution's failure to complete the evidence had led to a situation where the accused's right to a speedy trial was at risk.

Prolonged custody cannot defeat Article 21 speedy trial rights where prosecution evidence remains incomplete and trial is unlikely to end soon.

The Allahabad High Court's recent decision to grant bail to two men accused in a 2021 terror conspiracy case has highlighted the issue of prolonged custody and trial delays under the Unlawful Activities (Prevention) Act. Ansad Badruddin and Firoz Khan, who have been in jail since February 17, 2021, were granted bail by a bench of Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra. The court's ruling comes despite the prosecution's failure to complete the evidence, with only five out of 18 prosecution witnesses fully examined and cross-examined. The trial has been ongoing for over two years, with the high court directing the trial court to conclude the case within a year on multiple occasions.

The Allahabad High Court's decision to grant bail to Ansad Badruddin and Firoz Khan has brought attention to the issue of prolonged custody and trial delays under the Unlawful Activities (Prevention) Act. The court observed that the prosecution's failure to complete the evidence, despite repeated directions to expedite the trial, had led to a situation where the accused's right to a speedy trial under Article 21 was at risk. The high court noted that the trial court had fixed 95 dates for examination of prosecution witnesses, but only five had been fully examined and cross-examined. The court also expressed surprise that the prosecution had not taken proper steps to ensure that its witnesses were examined.

The Allahabad High Court's ruling has significant implications for UAPA trials, highlighting the need for monitoring and expediting these cases. The court's observation that prolonged custody cannot defeat Article 21 speedy trial rights where prosecution evidence remains incomplete and trial is unlikely to end soon is a crucial reminder of the importance of ensuring that accused persons are not denied their right to a fair trial due to delays in the prosecution's case. The high court also noted that the trial court had failed to invoke Section 309 CrPC, which permits day-to-day proceedings in serious offences and allows coercive steps when the prosecution fails to produce witnesses.

This ruling highlights the importance of monitoring UAPA trials for potential delays and ensuring that prosecution witnesses are examined promptly to prevent prolonged custody. Lawyers should be aware of this development when advising clients facing similar charges.

Source: Original reporting via Briefly