The Fundamental Right to Speedy Trials: Endless Investigation Vs Fair Prosecution

While the Constitution abhors the idea of indefinite incarceration, there is a culture of opposition by law enforcement agencies to deny bail. Indeed, time is at hand to redress this state of affairs, with firm judicial leadership

- Upendra Baxi

The Supreme Court of India (SCI) has been steadily moving towards the idea that all criminal trials should be fair trials. Dragnet security laws such as the Terrorist and Disruptive Activities (Prevention) Act, 1987; the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and the Un lawful Activities Prevention Act (UAPA) prescribe “rigorous conditions for grant of bail”. But these are now being sought to be disciplined by taking seriously the constitutional fundamental right to speedy trial. Bail rather than jail is emerging as a countervailing consideration for unreasonably prolonged detention. The Indian Constitution abhors the idea of indefinite incarceration, summated in the maxim: “Lock them up and throw away the keys.” It forbids Neanderthal penalty.

The first thing to note is the determined opposition by law enforcement and security agencies who deny and oppose bail all the way from the trial court to the SCI. One must ask why this culture has grown. The second is the nature of judicial response to this bail recalcitrance as a matter of enforcement and security policy.