New Delhi: The Supreme Court has issued a significant directive aimed at addressing the issue of prolonged trials, particularly in cases involving heinous crimes and offenses against women and children. A bench comprising Justice Hrishikesh Roy and Justice Sudhanshu Dhulia made this observation while hearing a special leave petition.
The court expressed concern that delays in trials were enabling accused persons charged with serious offenses to seek bail due to their prolonged incarceration. The bench noted, “There are many instances of prolonged trials, and on that basis, the accused, who are charged with even heinous crimes, are getting the opportunity to seek bail.”
In light of this issue, the Supreme Court has requested the Chief Justice of the Allahabad High Court to take appropriate measures in coordination with state authorities and concerned presiding officers to ensure the expeditious conclusion of trials. The court specifically emphasized the need for swift action in cases involving heinous crimes and offenses against women and children.
The directive came during the hearing of a bail application by one Mubarak Ali, who had been in custody for about 7 years as an undertrial in connection with the unnatural death of his wife. The court granted bail to the petitioner, noting that his continuous detention for such a prolonged period would undermine the right to an expeditious trial guaranteed under Article 21 of the Constitution of India.
The bench observed, “The continuous detention for a prolonged period (7 years in this case) would undermine the right to an expeditious trial guaranteed under Article 21 of the Constitution of India. Since the State has failed to ensure the early conclusion of the trial notwithstanding the timeframe fixed by the High Court, a case for the grant of bail is made out by the petitioner, who is incarcerated in connection with his wife’s death.”
To address this systemic issue, the Supreme Court has directed that a copy of its order be communicated to the Chief Justice of the Allahabad High Court, as well as the Chief Secretary and Legal Remembrancer of the state, for taking appropriate steps.
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