Court Orders Prosecution to Conclude Six-Year Pending Trial Within Six Months; Detention Continues for Safety
In a significant ruling, the Madhya Pradesh High Court, comprising Justices Vijay Kumar Shukla and Alok Awasthi, addressed the prolonged detention of a Bangladeshi national, Lima @ Riya Sheikh, who has been in custody for over six years. The court directed the prosecution to expedite the trial proceedings and complete them within six months. However, it declined her immediate release from the detention center, emphasizing her safety amid ongoing legal proceedings.
Lima @ Riya Sheikh, represented by Advocate Ms. Shanno Shagufta Khan, filed a Habeas Corpus petition under Article 226 of the Constitution of India. The petition sought her release from detention, claiming it to be illegal and unconstitutional. It also requested that she be placed under the supervision of a recognized organization while her trial is expedited. The petitioner argued that despite being granted bail, she remained detained due to the prolonged inaction of the prosecution, which violated her fundamental rights under Articles 14 and 21 of the Constitution.
The Additional Advocate General, Shri Sonal Gupta, representing the State, informed the court that the petitioner is accused under several sections of the Indian Penal Code, the Foreigners Act, 1967, and the Passports Act, 1967. Although bail was granted, she remains in a detention center as per the provisions of the Foreigners Act and an order by the District Magistrate, Indore.
In its decision, the court highlighted the necessity of the petitioner's presence during the trial proceedings and the current international scenario, which necessitates her continued stay in the detention center for safety reasons. The court, however, acknowledged the petitioner's prolonged detention and directed the prosecution agency to expedite the trial process. It also granted the petitioner the liberty to file a fresh petition if the trial remains pending beyond the stipulated six-month period.
The court's decision underscores the balance between ensuring legal proceedings' expeditiousness and maintaining detainees' safety during trial periods. The ruling aims to address prolonged trial delays while upholding procedural and safety standards.
Bottom Line:
Habeas Corpus petition filed by a foreign national seeking release from detention and expedited trial proceedings.
Statutory provision(s):
Article 226 of the Constitution of India, Foreigners Act, 1967, Passports Act, 1967, Sections 346, 347, 323, 364-A, 506, 34 of the Indian Penal Code, 1860.
