Supreme Court Expresses Shock Over Seven-Year Trial Delay in Jammu and Kashmir Murder Case
The Supreme Court of India has delivered a scathing rebuke to the Jammu and Kashmir administration, granting interim bail to a murder accused while highlighting severe delays in the trial process. The bench, comprising Justices J B Pardiwala and K V Viswanathan, expressed profound alarm that only seven witnesses had been examined in the case over a span of seven years, calling it a mockery of constitutional rights.
Court Demands Immediate Action and Explanation from Home Secretary
In a strongly worded order, the Supreme Court directed the Home Secretary of the Union Territory to file a detailed response within four weeks and appear via video conferencing at the next hearing. The court emphasized the urgency of the situation, stating, "If what has been said...is true then this is something beyond our comprehension. This is something extraordinary and calls for immediate action." This directive underscores the judiciary's commitment to addressing systemic failures in the criminal justice system.
Justice Pardiwala's Stern Remarks on Violation of Fundamental Rights
Justice Pardiwala did not mince words during the proceedings, questioning the administration's handling of the case. He remarked, "Is this a joke? You have made a mockery of Article 21. You have made a mockery of this concept of speedy trial, and in all respect, you have violated the fundamental right of this accused who is behind bars as undertrial prisoner past seven years." The accused, Anoop Singh, had sought bail in a case dating back to October 4, 2018, with the court noting his prolonged incarceration without a concluded trial.
Report Reveals Disturbing State of Prosecution and Trial Delays
After reviewing a report from the trial court, the Supreme Court described it as "extremely disturbing". The report highlighted that over 82 hearings, not a single witness had been examined, and the prosecution still intended to call 17 more witnesses. The bench expressed concern over the adverse effects of such delays on the case and the accused's rights, noting the trial judge's apparent exasperation with the situation.
Broader Implications: Court Seeks Data on Long-Pending Criminal Trials
Beyond this specific case, the Supreme Court has taken a proactive stance by asking the Home Secretary to provide a comprehensive record of all pending criminal trials in Jammu and Kashmir where accused individuals have been in custody for more than five years. This move aims to address wider issues of undertrial prisoners languishing in jails due to procedural inefficiencies and delays in the legal system.
The court has made it clear that it intends to take a strict view of the matter, holding the investigating agency accountable for what it termed "gross and inordinate delay" in concluding the trial. The interim bail granted to the petitioner is subject to terms set by the trial court, marking a significant step towards rectifying injustices in prolonged legal proceedings.
