Supreme Court of India
NEW DELHI: “Lifespan of a criminal trial cannot be that of a turtle,” SC said Wednesday, taking exception to the over-three-year-long trial of an activist of the outlawed Popular Front of India (PFI) facing charges that entail a maximum five-year jail term, with no prospect of its early end because of 700 prosecution witnesses lined up against him.Petitioner Shahid Khan, who was arrested on Sept 22, 2022, has appealed against a Karnataka HC order rejecting his bail plea. He is accused of helping raise funds for PFI between 2011 and 2019, and helping teams of the banned outfit which were planning attacks in Karnataka, Tamil Nadu and Kerala in retaliation against the enactment of Citizenship (Amendment) Act, move to prepare a National Register of Citizens, and court judgments relating to hijab and Babri demolition.
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His counsel said the activities for which Shahid was arrested could not be classified as UAPA offences as his association with PFI predated the ban imposed on the outfit.He also argued the allegations against the appellant that he was providing training and raising funds for alleged terror activities carried a punishment of up to five years. “There is no chance of early completion of trial. Though he has a good chance of getting acquitted, he has already spent more than half of the sentence that would have been awarded to him on conviction,” the counsel said. Turning to Karnataka counsel, a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana said, “Don’t make a mockery of the trial.”
