Under-trials cannot be left to languish in jail indefinitely,” Supreme Court tells J&K administration
JAMMU, Mar 11: The Supreme Court expressed deep concern over the prolonged delay in sessions trials in the Union Territory of Jammu and Kashmir, noting that 351 trials have been pending for more than five years. Of these, 250 cases remain at the stage of recording oral evidence of witnesses.
Reminding that every accused has a right to a speedy trial, the Apex Court directed the UT administration to prepare an action plan to clear the backlog at the earliest.
The concern follows a recent case where the Supreme Court granted bail to a man accused of murder, whose trial had been pending for over seven years, with only seven witnesses examined so far.
A bench comprising Justice J B Pardiwala and Justice K V Viswanathan had earlier asked Chandraker Bharti, Principal Home Secretary, J&K, to appear online and submit details of all criminal trials where the accused has been in custody for more than five years.
Today, Additional Solicitor General Aishwarya Bhati submitted the details on record. According to the affidavit, 351 trial cases are pending over five years, involving 585 accused persons. Two cases are at the stage of charges/evidence, six at the judgment stage, and 235 at the stage of recording prosecution witnesses. Fourteen trials are at the 313 CrPC stage, and 34 are at the stage of final arguments.
Justice Pardiwala questioned why so many trials remain pending for over five years and asked whether delays were due to the inability of trial courts to secure witnesses or failures of the investigating agencies. He stressed that prolonged detention without trial is a serious matter. Justice Viswanathan inquired whether there was a proposed timeline for concluding the trials.
The Court noted repeated adjournments in many cases due to the non-appearance of prosecution witnesses. In one instance, 23 hearings had no witnesses produced. While acknowledging some delays caused by the COVID-19 pandemic, Justice Pardiwala emphasized that ongoing delays afterward are unjustifiable.
The Court also discussed the shortage of trial courts, judges, and public prosecutors, noting that it is the administration’s responsibility to ensure witnesses are produced for examination. It asked the Home Secretary to submit comprehensive details, including the number of witnesses in pending cases, how many have been examined, and proposed timelines for completion.
“Under-trials must not languish indefinitely. Justice should be delivered to both the accused and the victims,” the bench said. It directed Principal Secretary Bharti to prepare a detailed plan to address the delays in trial completion.
The Supreme Court termed this exercise a “pilot study” to monitor delays in criminal trials and stressed that speedy justice is essential to uphold the rights of all parties involved. (Agency)
