India's Supreme Court Rules Prolonged Detention Without Trial Unconstitutional

The Supreme Court of India delivered a landmark judgment on 28 March 2023 in the case of Mohd. Muslim @ Hussain v. State (NCT of Delhi). The ruling addressed the conflict between strict bail rules under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the constitutional Right to a Speedy Trial. Mohd. Muslim had spent over seven years in custody without a trial conclusion when the case reached the apex court. Mohd. Muslim was arrested in 2015 under the NDPS Act. By the time his case came before the Supreme Court, he had been detained for about seven years and four months. The Court examined whether the stringent bail conditions in Section 37 of the Act could justify such prolonged pre-trial detention.

The judgment clarified that Section 37 does not impose an absolute bar on bail. It ruled that inordinate delays in trial, not caused by the accused, can override these restrictions. The Court also interpreted the phrase 'not guilty' in Section 37 to mean a prima facie assessment of evidence at the bail stage, not a final verdict.

The ruling emphasised that the Right to a Speedy Trial is a fundamental right under Article 21 of the Constitution. It placed a duty on the State to conduct trials swiftly, stating that indefinite detention without conviction is unconstitutional. The decision grants bail to Mohd. Muslim and reinforces the principle that liberty must be the rule, not the exception. It protects the presumption of innocence and ensures that strict drug laws do not undermine civil liberties. The judgment also sets a precedent for others facing similar delays in the justice system.