The Supreme Court of India on Thursday, granted bail to Javed Gulam Nabi Shaikh, who has been held in custody for four years without trial under the Unlawful Activities (Prevention) Act (UAPA). Justices J B Pardiwala and Ujjal Bhuyan criticized the National Investigation Agency (NIA) for delaying the framing of charges against Shaikh.

The court was considering an appeal filed by the defendant challenging a Bombay High Court decision in February 2024 that denied their request for bail. The defendant was arrested by Mumbai Police in 2020 based on classified documents, which reportedly led to the discovery of forged currency believed to be from Pakistan. Subsequently, the NIA assumed control of the investigation and revealed that the appellant had traveled to Dubai in February 2020 and had allegedly received counterfeit currency there.

The court emphasized the constitutional right to a speedy trial, as enshrined in Article 21 of the Constitution of India, stating unequivocally, “Every individual has the right to a prompt trial, regardless of the severity of the alleged offence.” The bench questioned the necessity for prolonged incarceration, particularly in light of the agency’s plan to examine 80 witnesses, asking pointedly, “How long should he remain in custody?”

In response to the NIA’s request for additional time, the court declined any postponement of proceedings, emphasizing the urgency of the matter. As a condition of bail, Shaikh must reside in Mumbai and report to the NIA’s offices biweekly. The Court instructed the prosecuting agency not to undermine justice and affirmed that despite the seriousness of the allegations against the accused, he has a right to a timely trial.

Additionally, the court noted that two co-accused had already been arrested and had been granted bail, with one bail order currently being challenged before the Supreme Court.