Supreme Court Calls for Speedy Trials Under PMLA and UAPA

On 26th September 2024, the Supreme Court ruled that laws with restrictive bail provisions, like the PMLA and UAPA, require expeditious trial completion to prevent prolonged pretrial detention.

Key Points

Need for Speedy Trials; The Court emphasized that the graver the offence and stricter the bail provisions, the greater the need for a swift trial. Delays in trial and stringent bail conditions cannot coexist.
Interpretation in Senthilbalaji Case: In a landmark judgment granting bail to former Tamil Nadu Minister V. Senthilbalaji in a PMLA case, the Court interpreted that laws like PMLA and UAPA demand quick trial resolutions, especially given their higher thresholds for bail.
Prolonged Detention and Bail Restrictions: The Court noted that if there is no prospect of trial completion within a reasonable timeframe, the rigorous bail provisions "melt away," especially if the accused has already served a substantial portion of the sentence as an undertrial.
Criticism of Extended Pretrial Detention: The Supreme Court has frequently questioned the prolonged use of UAPA and PMLA for detaining individuals, including ministers, activists, and journalists, without timely trials.
The Court reiterated that Section 45 of the PMLA should not be misused to unjustly detain individuals for extended periods without trial.
Rights Under Article 21: The Court raised concerns about the violation of Article 21 rights, which guarantees the right to personal liberty, if undertrials spend years in jail only to be acquitted.