Key highlights of the judgement:
- While deprivation of personal liberty for some period may not be avoidable, the period of deprivation pending trial/appeal cannot be unduly long.
- At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice.
- Once it is known that a timely trial is not possible and the accused has already suffered a significant period of incarceration, the courts are “obligated” to enlarge an undertrial on bail.
- The court noted that cases investigated by the National Investigation Agency should be tried on a day-to-day basis and have priority over other cases.
