New Delhi: The Supreme Court has expressed shock and concern over the prolonged imprisonment of an accused in Maharashtra, who has spent more than four years in jail without charges being framed. Despite the charge sheet being filed in early 2022, the trial has not progressed, prompting the apex court to question the delay and uphold the right to a speedy trial.
It is “really shocking”, according to a bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, because the petitioner is still incarcerated even though the trial hasn’t even gotten to the point of filing charges.
“Even after four years of the petitioner being behind bars, charges have not yet been framed despite the charge sheet having been submitted on 13.01.2022. This is really shocking,” the Justice Amanullah-led Bench observed.
The Maharashtra government’s attorney argued that the other co-accused’s failure to appear was the reason for the delay when the Supreme Court asked for an explanation. The Bench led by Justice Amanullah, however, rejected this explanation.
“We are more shocked at the said stand taken by learned counsel for the respondent-State. It transpires that the prosecution has not filed any application for cancellation of bail of the other co-accused, who are out on bail and who are blamed to be the reason why even charges could not be framed,” the apex court said.
“Tentatively, we feel that there is collusion between the prosecution and the accused,” it added.
The Superintendent of Police in question was instructed by the Justice Amanullah-led Bench to submit an explanation explaining why the situation had developed and why no action was taken to guarantee the trial’s advancement. Additionally, it mandated that the trial court provide a report outlining why it was unable to get co-accused who are out on bond to appear. Within three weeks, both reports must be turned in.
The Supreme Court has warned that “if the explanations are not satisfactory, the Court may take a strict view in the matter” when the case is heard again on December 2.
The Supreme Court has shown concern about Maharashtra’s criminal trial situation twice in recent weeks.
The fact that hundreds of cases around the state have been pending for the filing of charges for more than ten years, some since 2006, was referred to as “a very shocking state of affairs” by a bench of Justices Sanjay Karol and N. Kotiswar Singh in early October of this year. The Bombay High Court’s Registrar General was instructed by the top court in that case as well to provide comprehensive reports on the actions taken to guarantee the prompt filing of charges and the production of undertrials awaiting trial.
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File Photo: IANS
–IANS
