On Friday, the Supreme Court expressed significant concern over a disturbing trend in which High Courts, after denying bail, direct trial courts to fast-track proceedings as a form of compensation for the accused.
The bench, consisting of Justice Abhay S Oka and Justice Augustine George Masih, called the practice “shocking,” pointing out that it has resulted in accused individuals remaining in custody for extended periods, even while the trial is pending.
The Court observed, “There is a new practice where High Courts deny bail but offer comfort by directing that the trial be expedited. One accused has already been in custody for over three years and seven months. This is a serious matter.”
This issue was highlighted during the hearing of a petition filed by an Assistant Sub-Inspector (ASI) from the Technical Surveillance Unit, who was denied bail by the Jammu and Kashmir High Court in May. The ASI is accused of involvement in narco-terrorism activities.
Although bail was denied, the Jammu and Kashmir High Court ordered the trial court to expedite witness testimonies. The Supreme Court expressed grave concern over the prolonged detention of the accused, who has been in custody for 3 years and 7 months.
The counsel for the National Investigation Agency (NIA) sought a week to take further instructions on the matter. The Court granted the request and adjourned the case.
