Supreme Court Grants Bail After Prolonged Incarceration
In a significant ruling, the Supreme Court of India has granted bail to Liakat Ali, an accused in a 2017 murder case, who spent more than nine years in jail without a verdict. This decision was reached due to the concerning delay in the trial proceedings, which the court found unjustifiable. The case is known as Liakat Ali v. State of Jammu and Kashmir.
Invocation of Constitutional Powers
A bench comprising Justice MM Sundresh and Justice Prasanna B Varale made use of the powers granted to the Supreme Court under Article 32 of the Constitution to provide relief to Ali. They expressed their dismay at the prolonged detention and stated, “The continued delay in trial and prolonged incarceration shocks our judicial conscience.” The court emphasized that Ali was a teenager at the time of the alleged crime and noted that the charges against him were based on circumstantial evidence.
Trial Delays and Legal Observations
The Supreme Court observed that the trial, which started in 2017, was unlikely to conclude soon. As a result, they ordered Ali’s release from jail, subject to bail conditions that would be set by the trial court. The bench remarked, “When the accused is under incarceration, it is incumbent upon the Court and the prosecuting agency to expedite the conduct of the trial.”
Ali’s Case Background
Liakat Ali was implicated in the kidnapping and murder of a 19-year-old, allegedly due to personal enmity. He has consistently denied the allegations. His legal representatives argued that the case relied solely on circumstantial evidence, specifically the claim that the victim was last seen with Ali before disappearing. Ali’s initial bail application was denied by a district court in Jammu in 2023, prompting him to seek relief from the Supreme Court.
Judicial Principles and Representation
The Supreme Court highlighted the importance of the legal principle that an accused remains innocent until proven guilty. They reiterated that “bail is the rule and jail is the exception” should be a guiding principle in such cases. Consequently, the court decided to grant Ali bail.
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Advocate Ranjeet Kumar, along with Advocates Simanta Kumar, TR Naval, and Sushma Kumari, instructed by Advocate-on-Record Dr. Pratap Singh Nerwal, represented Liakat Ali. The Jammu and Kashmir administration was represented by Advocate Parth Awasthi, under the guidance of Advocate-on-Record Pashupathi Nath Razdan.
Conclusion
This case underscores the Supreme Court’s commitment to upholding the principles of justice and ensuring that delays in the judicial process do not result in undue hardship for the accused.
