Prolonged Incarceration Of Undertrial Prisoners Violates Constitutional Principles Of Dignity & Liberty: SC Releases Nigerian Citizen In Jail For 9 Years

The Supreme Court in an NDPS (Narcotics Drugs and Psychotropic Substances) case has released a citizen of Nigeria on bail who was in jail for the last nine years. It said that the prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty.

The Court ordered this in a criminal appeal filed by the aforesaid accused against the NCB (Narcotics Control Bureau).

The two-Judge Bench of Justice Hrishikesh Roy and Justice Pankaj Mithal observed, “Prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty. In this case, even though Bail was granted, the accused could not be released due to an onerous condition. In this regard, it would be apposite to refer to the judgment of this Court in Hussainara Khatoon v Home Secy.,State of Bihar (1980) 1 SCC 81 where it was held that Article 21 includes within its ambit the right to speedy trial. It was further held that the procedure under which a person is deprived of personal liberty should be “reasonable, fair and just”.”

The Bench said that the liberty of an accused who is facing a prolonged trial deserves the attention of the Court.

Advocate Adarsh Priyadarshi appeared on behalf of the appellant/accused while ASG K.M. Nataraj appeared on behalf of the respondent/NCB.

In this case, the counsel for the appellant submitted before the court that the bail condition imposed by the High Court was causing serious prejudice to the appellant as he was a Nigerian citizen and the High Commission of Nigeria was unlikely to grant him the certificate of assurance to the effect that the accused shall not leave the country till the trial is concluded and shall appear before the Special Court, on each and every day, unless exempted by the Special Court. It was provided specifically in the order that the appellant shall not be released on bail without such a certificate of assurance from the said High Commission.

It was further submitted that although the appellant was a foreign citizen, he was married to a citizen of India and the couple had a child and the wife and the child were both residing in Delhi. It was also pointed out that his Delhi address was verified by the Investigating Officer of the case and although the appellant was a foreign citizen, he had roots in Indian Society. The appellant was arrested in 2014 and was under incarceration for last around nine years and three months. The counsel for the respondent contended that the bail condition was imposed by the High Court by following the rulings in the case of Supreme Court Legal Aid Committee representing undertrial Prisoners v. Union of India & Ors. (1994) 6 SCC 731.

The Supreme Court in the above regard noted, “Barring the condition (D) relating to the certificate of assurance from the High Commission of Nigeria, the appellant is prepared to fulfill all the other bail conditions including deposit of his passport with the Special Court and also present himself in the office of the NCB on every Monday at 11:00 a.m.”

The Court said that during the last seven years, the trial could not be concluded and that out of twenty witnesses, only thirteen have been examined so far. It was also informed that the Special Court in Delhi where the trial is being conducted is overloaded with about 400 trial cases.

“… we are of the view that even without satisfying the condition (D), bail can be considered for the appellant who is in custody since 02.6.2014”, held the Court.

Accordingly, the Apex Court allowed the appeal and ordered the release of the appellant on bail.

Cause Title- Ejike Jonas Orji v. Narcotics Control Bureau

Click here to read/download the Order