In a scathing rebuke, the Supreme Court underscored the fundamental right to a speedy trial, chastising the Orissa High Court for its recent bail order. The petitioner, held since May 2022 on cannabis-related charges under the NDPS Act, was granted only two months of bail despite the trial’s slow progress—merely one witness examined so far.
Justices JB Pardiwala and Ujjal Bhuyan, presiding over a vacation bench, criticized the High Court’s decision as “incorrect,” emphasizing that limiting bail to such a short duration infringed upon the petitioner’s right to a fair and expedient trial. Drawing on legal precedent, including the landmark Hussainara Khatoon case, the Supreme Court affirmed that the right to a speedy trial is intricately linked to personal liberty under the Constitution.
The bench’s ruling not only granted bail but also highlighted the High Court’s oversight in ensuring the petitioner’s rights were upheld pending trial conclusion. Advocate Shyam Manohar, representing the petitioner, welcomed the decision as a reaffirmation of constitutional protections in judicial proceedings.
This verdict marks a significant stance by the Supreme Court in safeguarding fundamental rights amidst legal processes, setting a precedent for fairer treatment of undertrials awaiting due process.
