New Delhi: On 3rd July, the Supreme Court of India granted bail to Javed Gulam Nabi Shaikh, a defendant who had been arrested at Mumbai airport in February 2020 for possession of counterfeit currency amounting to ₹23.86 lakhs. The court's decision overturned a previous denial of bail by the Bombay High Court, emphasizing that bail should not be used as a form of punishment.
The case, initially investigated by the National Investigation Agency (NIA), revealed that Javed had received the fake currency from a fugitive in Dubai, where it was originally smuggled from Pakistan. Charged under the Unlawful Activities (Prevention) Act, Javed had spent four years in custody awaiting trial.
In its order, the Supreme Court highlighted fundamental principles of law, affirming that the presumption of innocence until proven guilty is paramount, regardless of the severity of the charges. The court underscored the constitutional right to a speedy trial, citing violations of Article 21 (Protection of Life and Personal Liberty) in Javed's case due to delays.
Quoting the Supreme Court's ruling, "Criminals are not born but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption," the decision reflected a broader perspective on criminal justice. The judges reiterated that every individual, regardless of their past actions, deserves the possibility of reform and a fair legal process.
This decision comes in the wake of another significant ruling earlier in April 2022, when the Supreme Court commuted the death penalty of Mohammed Firoz, convicted of rape and murder, to life imprisonment. At that time, the court had similarly remarked, "The only difference between the saint and the sinner is that every saint has a past and every sinner has a future."
Critics may question whether granting bail to an accused involved in a serious offense like currency counterfeiting aligns with public interest and safety. However, the Supreme Court's emphasis on constitutional rights, fair trial norms, and the potential for redemption underscores its commitment to upholding justice within the framework of the law.
Ultimately, the decision to grant bail to Javed Gulam Nabi Shaikh raises important questions about the balance between ensuring justice for victims and affording due process and rights to the accused.
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