India, Nov. 12 -- Keeping an accused behind bars for more than six years without the trial even beginning amounts to "punishment in itself", the Supreme Court has held, terming the state of affairs "unacceptable" and reminding courts that even the rigours of special laws must yield to the constitutional right to personal liberty.

"Keeping an accused incarcerated without trial for more than six years itself amounts to punishment, which is unacceptable," said a bench of justices Dipankar Datta and Sheel Nagu in a recent order, as it granted bail to a man arrested in a narcotics case.

The bench was categorical that the stringent restrictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot override the constitutional ...