Legal provisions involved: Sections 120B, 302, 307, 323, 325, 326, 440, 212 IPC; Sections 16 & 18 UAPA, 1967; Sections 150 & 151 Railways Act, 1989; Article 21 of the Constitution
Judgement by: Supreme Court
Judge/Bench: Justice Sanjay Karol & Justice Nongmeikapam Kotiswar Singh
Facts
In 2010, the Jnaneshwari Express derailed, killing 148 people and injuring 170. The accident, caused by removed railway track clips, also led to property loss of ₹25 crores. Six accused were charged under IPC, UAPA, and Railways Act. The Calcutta High Court granted them bail, prompting the CBI to appeal.
Key legal provisions
- Sections 16 & 18 UAPA, 1967
- Sections 150 & 151 Railways Act, 1989
- Article 21 of the Constitution
Issues raised
- Whether the courts can grant bail to accused persons in UAPA cases despite the reverse burden of proof?
- Whether the rights under Article 21 of the Constitution can be curtailed in cases affecting national security?
- Whether prolonged delays in pending UAPA cases violate the accused’s right to a fair and speedy trial?
Arguments of the case
CBI argued the seriousness of the crime required denying bail. Defence said long detention and limited access to evidence made it hard for the accused to prove their innocence.
Judgement
The Supreme Court said courts must carefully balance national security and the rights of the accused. High Courts were asked to track pending UAPA cases, ensure enough judges and legal aid, avoid unnecessary adjournments, and let accused properly defend themselves. Delays cannot strip them of fair trial rights.
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