In a recent ruling, the Supreme Court of India addressed the critical issue of prolonged pretrial incarceration, asserting that it can effectively transform detention into punishment. The court's observation came while granting bail to Arvind Dham, the former chairperson of Amtek Group, in a money laundering case involving an alleged ₹27,000 crore bank fraud.

A bench of Justices Sanjay Kumar and Alok Aradhe overturned the Delhi High Court's previous decision to deny bail to Dham. The Supreme Court emphasized that keeping an undertrial incarcerated for an extended period, especially when the trial has not commenced or is not progressing reasonably, is unacceptable. The court also stated that economic offenses should not be treated as a single, homogenous category that warrants an automatic denial of bail.

Dham's arrest occurred in 2024, and the court noted that the prosecution already has custody of the primary documentary evidence. Given these circumstances, the bench stated that Dham's continued imprisonment violated his right to a speedy trial, which is protected under Article 21 of the Indian Constitution. The right to a speedy trial, the court clarified, is not diminished by the nature of the alleged offense.

The Supreme Court Bench also noted that the trial was unlikely to begin anytime soon, given that 210 witnesses were expected to be examined. The court observed that the case was still in the document scrutiny stage and that the Enforcement Directorate (ED) had not provided any information on the outcome of its application for day-to-day hearings, even after nearly three months.

The ruling emphasized that prolonged detention without trial infringes upon the fundamental right to a speedy trial, as enshrined in Article 21 of the Constitution. The Supreme Court has consistently upheld the importance of bail as a fundamental right, and has previously stated that if the state or the concerned court cannot protect an accused’s right to a speedy trial, the plea for bail cannot be opposed on the ground that the alleged crime is serious.

The Supreme Court's observations align with international norms. The International Covenant on Civil and Political Rights generally encourages release, including bail, for those in pretrial custody.

This verdict comes amid growing concerns about the prolonged detention of undertrials in India. On January 5, 2026, the Supreme Court denied bail to two Muslim student activists, Umar Khalid and Sharjeel Imam, who have been detained without trial for over five years in connection with the 2020 Delhi riots.