Right to speedy trial Archives

‘Would like to prevent a situation where lengthy and arduous trial becomes punishment in itself’; P&H HC grants bail to UAPA accused in custody for 3 years and 8 months

The allegations against the accused are that he was allegedly involved in anti-national activities but only a mobile phone was recovered from him containing objectionable photographs of arms and ammunition. There was no other recovery either of firearms or any other incriminating material.

Case Briefs Supreme Court

Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.

Case Briefs High Courts

Incarcerated for 8 years for an offence punishable with minimum 10 years imprisonment: Violation of Right to Personal Liberty and Right to Speedy Trial? Del HC answers

Delhi High Court: Subramonium Prasad, J., remarked that, “…achievement of universal equality before the law requires the tenets of personal liberty to

Case Briefs High Courts

Can writ under Art. 226 Constitution of India be filed for grant of compensation under public law for infringement of fundamental right? Chh HC answers

Chhattisgarh High Court: Sanjay K Agrawal, J., allowed the petition and granted compensation for infringement of right to a speedy trial under

Case Briefs High Courts

Right to speedy trial: A fundamental right, under trial cases to be treated as “priority sector litigation”

High Court of Jammu and Kashmir: In the recent judgment passed by a Single Judge Bench comprising of M.K. Hanjura, J., addressed