Fake Charges, No Courts, Endless Jail: SDPI Condemns Systemic Injustice

Elyas Muhammad Thumbe, National General Secretary, Social Democratic Party of India, strongly condemns the Modi government and its agencies, particularly the National Investigation Agency, for their persistent failure to ensure expeditious trials for undertrials in cases under stringent laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA). The Supreme Court’s recent observations today, expose the gross negligence of the central government in establishing dedicated special courts as mandated by the NIA Act, 2008, resulting in prolonged detention of individuals without timely justice.

The Modi government’s inaction in providing adequate judicial infrastructure, as highlighted by Justices Surya Kant and Joymalya Bagchi, is a direct assault on the fundamental right to a speedy trial guaranteed under Article 21 of the Constitution. The Supreme Court’s warning that courts may be forced to grant bail due to delays underscores the government’s failure to uphold the rule of law. Designating overburdened existing courts as special courts, instead of establishing exclusive ones with proper resources, is a superficial attempt to comply with the NIA Act, which only exacerbates judicial backlog and delays justice for undertrials, including those from marginalized communities.

The NIA’s inefficiency, evident in cases where charges remain unframed for years, reflects a deliberate misuse of draconian laws to suppress dissent and target vulnerable groups. The agency’s inability to present a concrete plan for expeditious trials, as noted in the Supreme Court’s criticism of its affidavit, reveals a lack of accountability and intent to perpetuate prolonged detentions. This systemic failure disproportionately affects the poor, minorities, and activists, who languish in jails without due process, while the government prioritizes political agendas over justice.

The SDPI demands that the Modi government immediately establish dedicated special courts with adequate infrastructure, as mandated by the NIA Act, to ensure timely trials. We call for strict adherence to Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to release undertrials who have served significant portions of their potential sentences due to trial delays. The government must stop weaponizing agencies like the NIA to silence dissent and instead focus on upholding constitutional values and protecting the rights of all citizens.

We stand in solidarity with undertrials unjustly detained and urge the judiciary to continue safeguarding their rights. The SDPI will relentlessly advocate for justice, equality, and the rule of law, holding the Modi government accountable for its failures.