UAPA Accused In Jail For 9 Yrs, No Charges Framed Till Date; Delhi HC Asks Trial Court To Decide Bail Plea In 75 Days
It is definitely in the fitness of things that the Delhi High Court in an extremely commendable, concise, composed, convincing, cogent and creditworthy judgment titled Manzer Imam vs National Investigation Agency & Anr in Bail Appln. 3135/2022 and pronounced as recently as on October 19, 2022 has asked the Trial Court to decide the bail plea moved by an accused named Manzer Imam who has been in jail for more than nine years in a case registered under Unlawful Activities (Prevention) Act, within a period of 75 days. It is a national tragedy that a person is made to rot and languish in jail for not 9 days or 9 months but for bloody 9 long years and still not even charges have been framed against the accused! There are many more such horrible cases and as many of us know that even a gallant and senior Army Officer of impeccable reputation named Lt Col Prasad Shrikanth Purohit who inspite of fighting with terrorists in J&K and facing bullets and winning Army Chief Commendation Card and what not and yet owing to some personal rivalry was still framed and implicated most maliciously in a terror case pertaining to Malegaon blast case of 29 September, 2006 and was brutally tortured also and here too he rotted in jail for bloody 9 long years and here too even chargesheet was not filed and it was only after one of India’s most eminent and reputed lawyer named Harish Salve stepped in that he ultimately got bail from the Apex Court! But what about those who can’t afford to hire or utilize the priceless services of senior lawyers like Harish Salve? They keep rotting in jail for decades and yet Centre and so also our lawmakers care a damn for them! Even Harish Salve himself was most concerned as he confessed while speaking with a journalist in a news channel that so many witnesses have to be examined and in the excruciatingly snail paced manner in which our judicial system operates the concerned accused whole life will go for a toss! Salve’s worries are actually bona fide and something most decisively needs to be done for saving our judicial system because if the faith of the people in the judiciary is destroyed, our country will be drowned in complete anarchy and lawlessness!
It must be asked: Why those police officers and men in uniform who are responsible squarely for not filing charge sheet in time are not taken to task and punished strictly? Why those who indulge in third degree torture not be taken to task? Why should they not be dismissed from service?
It must also be asked: Why should they also not be similarly jailed for bloody 9 long years so that they realize what it means to be falsely implicated in a terror case? Why can’t Centre and our lawmakers do the necessary amendment in this regard? Why Centre and our lawmakers have enacted such perverse laws by which a person can be detained for a very long time as did not happen even during the colonial British rule with no accountability?
It must be also definitely asked: Why have we reduced Article 21 of Constitution which talks about right to life and personal liberty and which is one of the fundamental rights of each and every citizen of India to just virtually “nothing” and confined them in “bare acts” and “text books” alone? Why posts of Judges keep lying vacant and why no effort is made to decide such cases which involve the right to life and personal liberty on the highest priority basis? Why are the high profile cases of Tatas, Ambanis and disputes between big industrial families or royal families given much more greater preference by the Courts as compared to that of the undertrial accused? Our courts also must spare some food of thought for it!
Needless to say, the list of many such thorny questions which keep troubling and niggling my mind are just endless yet Centre and our law makers do just nothing and just while addressing huge rallies shout from the top of their voice about “speedy justice” and “justice at doorsteps” and what not! The 230th report of Law Commission of India very strongly recommended the creation of more High Court Benches in States but here again Centre most shockingly favoured peaceful States like Karnataka which has just 6 crore population and for which two High Court Benches were promptly approved at Dharwad and Gulbarga for just 4 and 8 districts but for more than 20 districts of West UP with more than 9 crore population has not even a single High Court Bench even though the Justice Jaswant Singh Commission headed by former Supreme Court Judge Justice Jaswant Singh had recommended 3 High Court Benches for undivided UP with one in West UP even though on its recommendations High Court Benches were created in peaceful states like Maharashtra which tops in the list of states in justice index ranking and which already had two High Court Benches at Nagpur and Panaji and third was approved at Aurangabad which is functioning since 1985 and now fourth also approved at Kolhapur by former CM Uddhav Thackeray and fifth one at Pune was recommended by former CM Devendra Fadnavis while he was CM even though it could not be implemented but which can be now created as Fadnavis is now Deputy CM!
What a crowning irony that Uttar Pradesh termed by former UN Secretary General Ban Ki Moon as “rape and crime capital of India” has just one High Court Bench and that too just 200 km away at Nawab City called Lucknow and the people of more than 20 districts of West UP have been most stupidly attached not with Lucknow but 200 km away from Lucknow which falls about 750 km away from most of the districts of West UP at Allahabad where High Court itself is located! Allahabad High Court is biggest High Court in India yet has just one Bench! This is again a national disgrace yet Centre has always preferred to cold shoulder the repeated demands made by lawyers of West UP who have even gone on strike for 6 months, hunger strikes, padyatras and what not yet still a big zero!
CRL.M.A. 21445/2022
Anyway, coming to the case in hand, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench of the Delhi High Court comprising of Hon’ble Mr Justice Jasmeet Singh by first and foremost putting forth in the opening para that, “Exemption allowed, subject to all just exceptions. The application stands disposed of.”
BAIL APPLN. 3135/2022
To put things in perspective, the Bench then specifies in the next para that, “This is an application seeking bail in FIR No. RC 6/2012/NIA/DLI, PS NIA, New Delhi U/s 17, 18, 18B, 20 UAPA & 121A & 123 IPC.”
Quite intriguingly, the Bench then lays bare in the next para of this learned judgment that, “It is stated by Mr. Kartik Murukutla, learned counsel appearing for the applicant that the applicant has been in custody since 01.10.2013 and has spent more than 9 years incarceration. He further states that charges have not been framed even till now and there are 369 witnesses.”
As we see, the Bench then discloses in the next para of this laudable judgment that, “Ms. Shilpa Singh, learned special PP NIA States that in the present case, the applicant has not approached the Special Court, which is a remedy available to the applicant.”
Quite significantly, the Bench then envisages in the next para of this remarkable judgment that, “Mr. Murukutla, learned counsel for the applicant states that he wishes to withdraw the present bail application with liberty to approach the Court of Sessions on similar ground. However, he states that in the present case, the applicant has already undergone incarceration for 9 years and charges have not been framed yet and hence, a time frame may be indicated for disposing of the bail application. The request seems to be justified.”
As a corollary, the Bench then quite naturally directs in the next para of this commendable judgment that, “For the aforesaid reasons, the bail application is dismissed as withdrawn with liberty to the applicant to approach the Special Court on the same grounds raised in the present bail application.”
Most significantly, what is truly most commendable also is that the Bench then mandates in this next para directing precisely that, “The Special Court will hear and dispose of the bail application of the applicant within 75 days from the date of this order.”
Finally, the Bench then concludes by holding in the final para of this noteworthy judgment that, “With these directions, the application is disposed of. A copy of this order be given dasti under the signatures of the Court Master.”
All told, we thus see that if our judicial system had not been so laggard that operates at an excruciatingly glacial paced manner then the accused in this case and so also in many other cases would not have been compelled to incarcerate in jail for bloody 9 long years and worst of all, even charge sheet has still not been framed against him and trial is yet to begin! This most horrifying murder of justice happening right inside our courtrooms with Judges watching everything like a helpless, hopeless and hapless spectator must end now once and for all! Punish those who are guilty but just by framing someone as terrorist and then ensuring that he rots in jail for decades with even charge sheet not being framed against him/her what to talk about beginning of trial is worse than even murder itself and no respected democratic country or even in dictatorship country will ever allow this to happen and that too right under their nose which we see most unfortunately happening right in our own country and towards which we can dare to turn a blind eye only at the risk of our own peril!
Definitely, when the whole body needs serious, systematic and swift treatment, it merits no reiteration that opting to go for a mere “band aid” treatment is just no solution and is a remedy that is worse than the disease itself! Of course, what is desperately needed right now is a complete surgery is needed of our entire judicial system and the way justice is imparted in our country! We need immediately many more such outstanding, upright and fully dedicated Judges like Hon’ble Mr Justice Jasmeet Singh to deliver such most laudable judgments and not vacant seats of Judges as we see most unfortunately in most of the States right now with half of the seats or even more lying vacant!
Let’s fervently hope that in coming years we will see some concrete action on this count by the Centre and our lawmakers so that the justice delivery system is able to operate to the best of its ability and no accused is made to rot in jail endlessly without even charge sheet being filed against him/her for years as we see in this leading case also! This has to be done on a war footing! No more dilly dallying on it!
It goes without saying that the liability of police officers must be fastened in such cases of personal liberty where charge sheets are not filed even after so many years as we see in this judgment also! They should never under any circumstances be allowed to go scot free because if this is not ensured then we will see many more such cases where accused are made to rot in jail for decades with even charge sheet not being filed! Why the landmark reforms suggested by the Apex Court in Prakash Singh case of 2006 not implemented even after 16 years of their historic recommendations? Why we see Supreme Court not acting very tough on this most vital issue? It is high time and now Apex Court must pick up the gauntlet and hold Centre and concerned States to task promptly who don’t comply with the landmark recommendations which were made by it way back in 2006! No doubt, this is definitely the crying need of the hour also!