Unlawful Activities (Prevention) Act:
Putting a person accused under the Unlawful Activities (Prevention) Act behind bars for an unduly long time with no progress in the trial or appeal process is a violation of his or her fundamental right and a threat to public confidence in the administration of justice, the Supreme Court has held in a judgment.
Key highlights of the judgement:
- While deprivation of personal liberty for some period may not be avoidable, the period of deprivation pending trial/appeal cannot be unduly long.
- At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice.
- Once it is known that a timely trial is not possible and the accused has already suffered a significant period of incarceration, the courts are “obligated” to enlarge an undertrial on bail.
- The court noted that cases investigated by the National Investigation Agency should be tried on a day-to-day basis and have priority over other cases.