Introduction
Personal liberty is among the key rights that the Constitution assures in a democratic nation such as India. No one ought to be detained in jail for years until the guilt of such a person has been established by the court. But more so, a number of the suspected individuals in the serious criminal cases in recent years have been spending lengthy periods in jail without even being tried.
An example of this situation was experienced in the cases of the Delhi Riots, where a few of the accused were released on bail, others remained in custody even after serving over five years in jail, awaiting trial. This has posed significant legal issues on bail, speedy trial and right to personal liberty in Article 21 of the Constitution.
These issues have been described in straightforward legal terminologies in this article, which can be understood by a reader who is not a lawyer in terms of law.
What Is Bail?
Bail entails the temporary release of an accused individual from custody on the condition that the individual will appear in court when the need arises.
An Indian law on criminal matters has a fundamental rule:
Stated is the rule of bail, the exception of jail.
This means:
- One is innocent before he or she is proven guilty.
- Pre-trial detention is not to be preferred unless there is a strong necessity.
The main purpose of bail is:
- In order to make the accused come to trial.
- Not to punish someone without proof of guilt.
Why Is It That People are Held in Jail without a Trial?
Courts may deny bail when:
- The accused would run the risk of flight.
- There is a chance of influencing witnesses.
- The crime is highly gross.
- There are special laws that have stringent bail.
Pre-trial jail however, is not punishment.
What Is Art. 21 of the Constitution?
Article 21 states: No human being would be denied his life or personal liberty except under the procedure outlined by the law.
In the course of time, the courts have explicated that Article 21 incorporates:
- Right to live with dignity
- Right to no arbitrary arrest.
- Right to speedy trial
- Habeas corpus against extended incarceration.
Therefore, the direct impact of detaining a person in jail without trial is the influence on Article 21.
What Does the Right to Speedy Trial Mean?
The right to speedy trial consists of:
- The State should carry out trials in a reasonable period of time.
- The accused cannot be punished by the delays occasioned by the courts or prosecution.
The Supreme Court of India has expressly stated that:
When the State is unable to make a trial in time, it does not have any excuse to detain a person indefinitely in prison.
Delays that are long enough make detention a type of punishment that is not constitutional.
What Is UAPA, and Why Is Bail Hard under It?
Unlawful Activities ( Prevention) Act (UAPA) is a special legislation that is designed to address terrorism and acts that threaten national security.
Key Features:
- Very strict provisions
- Bail is difficult to obtain
- At the stage of bail, the court considers merely the prosecution material.
Section 43D(5) of UAPA: Bail may be refused in instances where the court reckons that there is a prima facie case (first instance of guilt).
This is what distinguishes UAPA cases from ordinary criminal cases.
The Delhi Riots Bail Cases Complete Issues
1. Delhi Riots Case: Background (What Actually Happened)
Mass violence erupted in North-East Delhi in February 2020. The violence occurred on the protests connected with the Citizenship (Amendment) Act, 2019 (CAA). Such protests were being held in most areas of India.
During 23-26 February 2020, there were tensions between two groups of people, which resulted in:
- Loss of human lives
- Damage to property
- Civilian injuries and injuries on the police side.
Once the violence came to a stop, the Delhi Police initiated a massive investigation.
2. Crime Investigations and Incarcerations (What the Police Said)
Since April 2020, various students, protest organisers, and activists have been arrested. The police alleged that:
- The riots did not occur out of the blue.
- There existed a greater conspiracy.
- Others had orchestrated and organized the violence in the name of protests.
According to this theory, the police arrested a number of suspected individuals under the Unlawful Activities (Prevention) Act (UAPA) – a very harsh anti-terror law.
This was important because:
- In the normal criminal laws, bail is easier.
- Bail under UAPA is very hard to get.
3. What Does a Larger Conspiracy Accusation Mean?
The case of the prosecution mainly relies on the assertion that:
- Some of them were ideological or intellectual planners.
- They supposedly spoke, attended meetings or held protests.
- A conspiracy theory was connected to these actions and the riots.
Important point:
These are mere allegations, which cannot be proved at this level.
4. How Long Have the Accused Been in Jail?
This is the point at which the core legal issue commences.
- Most arrests were made in 2020
- By 2025 -2026, a significant proportion of those accused had served over 5 years of jail time.
- The trial has still not started
This means:
- No witness examination
- No evidence testing
- No final verdict
They are not convicted criminals but under-trial prisoners.
5. Why Has the Trial Not Started?
UAPA cases involving trials are normally delayed due to:
- A large number of accused
- Hundreds of witnesses
- Thousands of pages of documents.
- Frequent procedural delays
The accused, however, does not dictate the speed of the trial.
The decision is on the court and the prosecution:
- When the trial begins
- How fast it proceeds
6. What is Bail and Why was it Refused?
Bail refers to a temporary release on bail in jail.
In UAPA cases:
- Denial of bail may be done where the court feels that there is a prima facie case.
- Courts mostly use prosecution material at the bail stage.
In the Delhi Riots case:
Certain suspects were put on bail.
Others were not granted bail on the basis that:
- They were in a different or a larger role.
- They were so-called masterminds or key conspirators.
7. The Main Legal Question (Core Issue)
The main legal issue is as follows:
Is it possible to detain a person in jail over a long period of time without trial, simply due to allegations, because the charges are severe?
This question has a direct impact on:
- Personal liberty
- Constitutional rights
- Social justice in the criminal justice system.
8. Prolonged Detention and Article 21
Article 21 holds that each individual is entitled to:
- Life
- Personal liberty
- Just and equitable law process.
Indian courts have used many occasions to conclude that:
- Article 21 is the right to a speedy trial.
- This right is broken by long detention without trial.
In case one is kept in jail because of:
- 5 years
- 6 years
- or even longer and without trial
Then imprisonment begins to resemble pre-conviction punishment.
9. Accusation vs Proof: A Basic Law of Law
As far as criminal law is concerned, there is one rule:
An individual is not guilty until he/she is proven guilty.
In Delhi Riots bail cases:
- Guilt has not been proved
- Trial has not begun
- Yet, imprisonment continues
This creates a legal dilemma:
- Prison is being taken before the guilty are determined.
- The intensity of accusations is substituting for evidence.
10. The Issue with Accused Problem Is Also Due to the delay argument.
It has been sometimes noted by courts that:
- It was not just a postponement because of prosecution.
- Adjournments were also sought by the accused.
However, legally:
The accused are not in charge of the court. Judges have the power to:
- Rebuff unwarranted adjournments.
- Control proceedings
- Start the trial
Consequently, time cannot be a universal excuse to reject bail.
11. Why This Is A Bad State of Affairs to Liberty.
Provided prolonged detention is permitted: Any individual might be imprisoned on a years basis, Delay of trial becomes insignificant, A charge is made into punishment.
This gives a bad precedent where: Freedom is based on State charges, Not on proven guilt
12. Role of the Judiciary
The safeguard of the fundamental rights is the Supreme Court of India.
Courts in long custody cases of bail are supposed to:
- Strike the right chord between national security and individual liberty.
- Make sure that there are no special laws superseding the Constitution.
- Assure against indefinite imprisonment in a trial-free manner.
13. Present State of Legality
- There are those accused who are still in jail.
- Bail has also been refused with liberty to reapply after an additional delay.
- The case is yet to be tried.
- The problem has not been solved.
This is to imply that the fundamental issue of the law is not resolved yet.
In Simple One Line: The main legal problem in the bail cases of the Delhi Riots is whether the State is allowed to detain individuals for a long period without trial, just because the charges leveled against them are grave, yet the defendant has not been found guilty of the offence.
Why Prolonged Detention is a Legal Problem
Accusation Is Not Proof
- Allegations are only claims
- Even guilt is determined by trial.
- It is a presupposition to keep a person in jail for several years prior to a hearing.
Delays are not a Fault of the Accused.
- Courts control trial speed
- The accused is unable to defend himself.
- Unnecessary adjournment can also be refused by judges.
Liberty Can Never Rely on Accusations.
- Severe accusations do not revoke the basic rights.
- Article 21 applies even in the case of special laws.
Important Supreme Court Judgements:
Hussainara Khatoon v. State of Bihar, Article 21 entails a speedy trial. The long period of detention without trial is unconstitutional.
Maneka Gandhi v. Union of India, The process should be equitable, fair, and reasonable. Law cannot be arbitrary
Union of India v. K.A. Najeeb, Bail can even be justified by prolonged detention, even under UAPA The freedom of freedom can be secured by constitutional courts, although laws are strict.
Such instances indicate that special laws do not kill constitutional rights.
Risk of Vast Terror Law Interpretation
The laws that regulate terror use ambiguous terms such as:
- “By any other means”
- “Conspiracy”
- “Intent to threaten unity”
To the extent that these terms are construed too broadly by the courts, it can:
- Criminalise protests
- Grey area between protest and attack.
- Bestow too much power on the State.
According to the principles of criminal law, it demands:
The tighter the law is the tighter the interpretation.
Why Bail Matters in a democracy
Long-term imprisonment of a person without bail may result in:
- Loss of employment
- Mental trauma
- Social stigma
- Capital punishment without conviction.
Under a constitutional democracy:
- Security is important
- But freedom is also prominent.
- Courts must balance both
Judiciary’s role in cases of bails
Courts must:
- Review independently prosecution claims.
- Do not accept accusations carelessly.
- Protect fundamental rights
The issue must be scrutinized by the judiciary, particularly where:
- Evidence is circumstantial
- The trial is indefinitely postponed.
- Liberty is at stake
Conclusion
Article 21 stipulates personal liberty, which is the foundation of the Indian Constitution. Although such laws as UAPA are intended to safeguard national security, there is no reason to abuse it by imprisoning a person without trial. Long pre-trial detentions turn the process into a punishment and violate the principle of presumption of innocence.
Courts should not make sure that a serious accusation is a factor to suspend the constitutional rights. Justice can and should only be served by prosecuting the guilty after trial and not before. The real ordeal of constitutional governance is to protect liberty and yet maintain security.
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