<p>The Supreme Court on Wednesday granted bail to a Maharashtra-based Bengali engineer, Ashim Kumar Haranath Bhattacharya, accused of helping Maoists to manufacture rocket launcher, saying unduly long deprivation of personal liberty was a threat to public confidence in administration of justice.</p>.<p>The top court also directed the Centre and West Bengal to ensure setting up of more designated special courts in the state for day-to-day trial.</p>.<p>A bench of Justices Ajay Rastogi and Abhay S Oka noted the charges against the accused are undoubtedly serious but those will have to be balanced with certain other factors like the period of incarceration undergone and the likelihood period within which the trial can be expected to be finally concluded. </p>.<p>The court also said deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution. </p>.<p>"While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice," the bench said.</p>.<p>The court also pointed the appellant, arrested on July 6, 2012 in the case, is 74 years of age. It said the charge sheet was filed way back in 2012 and charges were framed only in 2019.</p>.<p>The top court said its numerous judgements had emphasised that the liberty guaranteed in Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice.</p>.<p>"A speedy trial is imperative and the undertrials cannot indefinitely be detained pending trial. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge him on bail," the bench said, rejecting opposition to the plea of bail by the NIA.</p>.<p>The court also directed the West Bengal government to designate more special courts to try offences investigated by the NIA to ensure day-to-day trial as per mandate of the law.</p>.<p>"Only one such special court has been designated by the State of West Bengal to try such cases under the Act 2008. The hearing in the instant case is taking place only one day in a month and if this procedure is being followed in conducting the trial under Act 2008, it frustrates the very purpose with which the special courts are designated," the bench said.</p>.<p>The court also directed the Union government to take up the matter with the state government after consultation with the Chief Justice of Calcutta High Court for setting up more special courts for speedy trial in such cases.</p>
<p>The Supreme Court on Wednesday granted bail to a Maharashtra-based Bengali engineer, Ashim Kumar Haranath Bhattacharya, accused of helping Maoists to manufacture rocket launcher, saying unduly long deprivation of personal liberty was a threat to public confidence in administration of justice.</p>.<p>The top court also directed the Centre and West Bengal to ensure setting up of more designated special courts in the state for day-to-day trial.</p>.<p>A bench of Justices Ajay Rastogi and Abhay S Oka noted the charges against the accused are undoubtedly serious but those will have to be balanced with certain other factors like the period of incarceration undergone and the likelihood period within which the trial can be expected to be finally concluded. </p>.<p>The court also said deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution. </p>.<p>"While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice," the bench said.</p>.<p>The court also pointed the appellant, arrested on July 6, 2012 in the case, is 74 years of age. It said the charge sheet was filed way back in 2012 and charges were framed only in 2019.</p>.<p>The top court said its numerous judgements had emphasised that the liberty guaranteed in Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice.</p>.<p>"A speedy trial is imperative and the undertrials cannot indefinitely be detained pending trial. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge him on bail," the bench said, rejecting opposition to the plea of bail by the NIA.</p>.<p>The court also directed the West Bengal government to designate more special courts to try offences investigated by the NIA to ensure day-to-day trial as per mandate of the law.</p>.<p>"Only one such special court has been designated by the State of West Bengal to try such cases under the Act 2008. The hearing in the instant case is taking place only one day in a month and if this procedure is being followed in conducting the trial under Act 2008, it frustrates the very purpose with which the special courts are designated," the bench said.</p>.<p>The court also directed the Union government to take up the matter with the state government after consultation with the Chief Justice of Calcutta High Court for setting up more special courts for speedy trial in such cases.</p>
