SC ‘shocked’ by decade-long delay in criminal trials in Maharashtra

New Delhi, Oct 9
The Supreme Court has expressed shock at the status of criminal trials in Maharashtra, having found that hundreds of cases have been pending for framing of charges for over a decade -- some dating back as far as 2006.

“Registrar General of the High Court of Judicature at Bombay has filed an affidavit annexing certain documents which we have perused. To say the least, it is a reflection of a very shocking state of affairs, insofar as the conduct of trials before different Courts in the State of Maharashtra is concerned,” observed a Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh, taking note of the affidavit filed by the Registrar General of the Bombay High Court.

The Justice Kant Bench said that despite the filing of charge sheets, trials in at least 649 cases across Maharashtra have not proceeded beyond the stage of framing charges.

“The said affidavit reveals that there are at least 649 cases in which charges are yet to be framed, despite filing of the charge sheets, in certain cases, way back in the year 2006, 2013, 2014 and onwards till the year 2020. The reasons assigned for delay are multiple, including, and most significantly, in almost every trial, either non-production of the accused or non-appearance of the advocate, be it the prosecutor or the defence,” it observed.

Noting that the petitioner has been languishing in jail for over four years without charges being framed, though the charge sheet in his case was filed in July 2021, the apex court said: “The petitioner has been in jail for more than 4 years since 11.04.2021, and today his status remains the same as it was on day one of his incarceration. Charges would have to be framed, the process of trial would take its own time, and by the time a final conclusion is reached, he would have remained behind bars for many years on end.”

The Supreme Court has directed the Registrar General of the High Court to obtain detailed reports from each District and Sessions Judge regarding the steps taken to ensure the timely framing of charges and compliance with earlier circulars on the production of undertrial prisoners either physically or virtually, as per the stage of trial.

The matter will now be heard next on October 17, with the Supreme Court seeking a comprehensive compliance affidavit. “The Registrar General shall also apprise the learned Chief Justice of the High Court of the passing of this order,” it said.