In a significant judgment on July 18, the Supreme Court granted bail to Sheikh Javed Iqbal, an undertrial prisoner facing charges under the Unlawful Activities (Prevention) Act, 1967 (UAPA), citing a violation of his right to a speedy trial under Article 21 of the Constitution. The bench, comprising Justice JB Pardiwala and Justice Ujjal Bhuyan, emphasized that constitutional courts can grant bail despite statutory restrictions if an accused's right to a speedy trial is infringed.

Iqbal, who had been incarcerated for nine years with little progress in his trial, was apprehended on February 22, 2015, near the Indo-Nepal border with counterfeit Indian currency notes. Charged under various sections of the Indian Penal Code (IPC) and UAPA, his bail applications were previously rejected by lower courts, citing the seriousness of the charges and the risk of absconding.

The Supreme Court, overturning the Allahabad High Court's April 3, 2023, order denying bail, noted the prolonged detention and the slow pace of the trial, with only two witnesses examined so far. The Court emphasized that restrictive statutory provisions should not prevent granting bail if the right to a speedy trial is violated. The Court also cited previous rulings, including Javed Gulam Nabi Shaikh v. State of Maharashtra and Union of India v. KA Najeeb, underscoring the need to balance the seriousness of charges with the duration of pre-trial incarceration.

Highlighting the fundamental right to a speedy trial, the Court imposed bail conditions, including impounding Iqbal's passport, restricting his travel, mandatory court appearances, bi-weekly police check-ins, and prohibiting tampering with evidence or threatening witnesses. The judgment stressed that prolonged detention without trial conclusion infringes on liberty, an intrinsic part of constitutionalism and the rule of law.