Prolonged Incarceration Without Trial Violates Article 21 — (2026) INSC 503
The appellant has been in custody for over 5 years and 11 months, with more than 350 prosecution witnesses yet to be examined. The trial will not conclude in the foreseeable future. Under K.A.
Syed Iftikhar Andrabi v. National Investigation Agency, Jammu — (2026) INSC 503Core Argument
The appellant has been in custody for over 5 years and 11 months, with more than 350 prosecution witnesses yet to be examined. The trial will not conclude in the foreseeable future. Under K.A. Najeeb, the rigours of Section 43-D(5) of the UAP Act melt down when incarceration exceeds a substantial part of the sentence and timely trial is impossible.
Key Precedents
- Union of India v. K.A. Najeeb (2021) 3 SCC 713 — Three-Judge Bench held that statutory restrictions like Section 43-D(5) of the UAP Act melt down where there is no likelihood of trial being completed within a reasonable time and incarceration exceeds a substantial part of the sentence.
- Sheikh Javed Iqbal v. State of U.P. (2024) 8 SCC 293 — Held that once timely trial is not possible and incarceration is significant, courts are ordinarily obligated to grant bail; K.A. Najeeb is binding on smaller Benches.
- Javed Gulam Nabi Shaikh v. State of Maharashtra (2024) 9 SCC 813 — Held that Article 21 applies irrespective of the nature of the crime; the right to speedy trial is not eclipsed by the nature of the offence.
- High Court Bar Association, Allahabad v. State of Uttar Pradesh (2024) 6 SCC 267 — Held that constitutional courts should not normally fix time-bound schedules for trial; such orders should be passed only in exceptional circumstances.
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