An Indian Court has granted temporary freedom to a Kenyan man who has been languishing in jail after he was accused of stabbing eight people in a June 2022 attack.
The Bombay High Court freed the man, who cannot be named because of the circumstances surrounding his mental health, on bail, granting temporary reprieve in a case in which he is alleged to have initiated a series of attacks near the Azad Maidan police station.
The assaults on the fateful day reportedly began with beginning with an attack on a passer-by who sustained injuries to the shoulder and face. Indian authorities say the Kenyan then proceeded to attack seven more people in the immediate vicinity. He was subsequently apprehended and now faces multiple charges, including attempted murder, causing actual bodily harm and grievous bodily harm.
Defence lawyer Munira Palanpurwala argued that he had mental health issues at the time of the incident, which he was receiving treatment for at the Regional Mental Hospital in Thane. She also cited inconsistencies in witness statements as reasons to reconsider his continued detention.
Justice Milind Jadhav of the Bombay High Court ruled that ongoing trial delays violated the accused’s right to a speedy hearing under the Constitution. The court thus ordered his release on a personal bond of Sh30,294 ($234) and one or two sureties of the same amount.
“There is no possibility of the trial commencing or concluding in the near future. Detaining an under-trial prisoner for such an extended period violates his fundamental right to a speedy trial,” said Justice Jadhav.
The ruling pointed to systemic issues within India’s judicial system, such as prison overcrowding and lengthy legal processes, which result in prisoners awaiting trial while being held in custody for extended periods in spite of Indian law being categorical about fast judicial processes being a basic right.
His release coincides with increased scrutiny of foreign nationals involved in criminal activities in India, however. In a separate incident just days before his release on bail, a Kenyan woman transiting through Chhatrapati Shivaji Maharaj International Airport was arrested for allegedly attempting to smuggle liquid cocaine.
The Directorate of Revenue Intelligence (DRI) reported seizing 1.57 litres of the drug concealed within bottles of moisturising lotion, estimated to be worth Ksh238 million.
She was arrested immediately under India’s Narcotic Drugs and Psychotropic Substances (NDPS) Act. The DRI has initiated an investigation to identify the intended recipient of the narcotics and uncover the broader smuggling network involved.
Officials noted that disguising liquid cocaine as lotion reflects the evolving tactics used in the illicit trafficking of drugs.
