Supreme Court Stresses on Swift Justice in Prolonged UAPA Trials

The Supreme Court of India has raised concerns over prolonged trials under the UAPA, citing violations of liberty under Article 21. It granted relief to two accused, prompting calls for specialized courts to expedite such cases, while emphasizing the right to a speedy trial.

The Supreme Court of India, highlighting the prolonged nature of trials under the Unlawful Activities (Prevention) Act (UAPA), stressed that indefinite incarceration contravenes the expanded meaning of liberty as defined by Article 21 of the Constitution. The court provided relief to Maoist sympathizers, prompting calls for specialized courts to ensure swifter justice.

Concerns were raised regarding excessive delays, with one case involving Ning Kham Shangtam seeing only 59 witnesses examined out of a required 98 after six years. The court emphasized the need for prosecution and defense to cooperate to prevent further unnecessary delays in the recording of evidence.

Another case saw the release of Tapas Kumar Palit on bail after his arrest in 2020, with only 42 out of over 100 witnesses examined. The court reiterated that the right to a speedy trial is fundamental, emphasizing that delays undermine the justice system and affect both the accused and victims adversely.