In a significant ruling, the Delhi High Court has emphasized that the right to a speedy trial is an inalienable aspect of personal liberty, affirming this principle even under stringent laws like the Maharashtra Control of Organised Crime Act (MCOCA). Justice Sanjeev Narula granted bail to Arun, an alleged member of the Manoj Morkheri crime syndicate, who has been in custody for over eight years without trial conclusion.
The court noted that the protracted delay in the trial process and Arun’s extended incarceration hindered his release on parole, which he was granted in another case by the Punjab and Haryana High Court five years ago. The ongoing trial had prevented Arun from availing the limited liberty meant for his rehabilitation and reintegration into society.
Highlighting the constitutional foundations, the court stated, “The right to a speedy trial, firmly entrenched in our constitutional jurisprudence under Article 21, cannot be whittled down merely because the case arises under a special statute such as MCOCA.” The state’s status report revealed that out of 60 prosecution witnesses, only 35 have been examined so far, indicating a significant delay that infringes upon the fundamental rights guaranteed by Article 21.
Despite opposition from Delhi Police, who labeled Arun a “hardcore criminal,” the court aligned with the Supreme Court’s views that when trials under special laws are unduly delayed, the stringent conditions for bail must accommodate the constitutional promise of liberty.
