The Supreme Court of India has refused to grant bail to Islamic cleric Md. Abdur Raheman in a case under the Unlawful Activities (Prevention) Act (UAPA), but ordered a time-bound trial to ensure speedy justice.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi directed the trial court in Cuttack to hear the case at least twice a week and complete the trial within three months.
The Court issued strict directions to avoid delays, stating that the trial judge should prioritise the case over all others.
“Presiding officer of trial court will not list any other case on any date when trial of this case is to be taken up,” the bench ordered.
No Adjournments, Witnesses Must Be Present
The Court made it clear that no adjournments should be granted during the trial. It also directed the prosecution to ensure that witnesses are present on every hearing date.
“The Public Prosecutor and the defence counsel shall remain present throughout the day… No adjournment shall be sought or granted,” the Court said.
Even witnesses seeking exemption must appear online if they cannot attend physically.
Court Orders Trial During Summer Vacation
In an unusual move, the Court directed that the trial should continue even during the summer vacation starting June 1.
If required, the presiding judge can take leave later, the Court added, stressing the urgency of completing the trial.
Background of the Case
Md. Abdur Raheman is facing trial under UAPA in two separate FIRs — one registered in Delhi and another in Odisha.
He has already completed around 7.5 years of imprisonment in the Delhi case but remains in custody as an undertrial in the Odisha case, which was registered shortly after the first FIR.
Before the Court, his counsel argued that both cases are based on similar allegations and amount to double jeopardy. It was also submitted that he has spent over 10 years in custody.
Court Balances Rights and Security Concerns
Opposing the bail plea, the prosecution highlighted the seriousness of the allegations, which include promoting anti-national ideas and aiding recruitment to extremist groups.
During the hearing, the bench observed that while an accused has legal rights, society also has the right to safety.
The Court noted that around 25 witnesses are yet to be examined in the case.
Liberty to Approach High Court
The Supreme Court allowed the petitioner to approach the High Court if the trial is not completed within the stipulated time or if circumstances change.
