Disturbing: Supreme Court flags 7-year delay in murder trial, summons J&K Home Secretary

The Supreme Court on Tuesday strongly criticised the prosecuting machinery in the Union Territory of Jammu & Kashmir after a murder trial remained pending for over seven years with virtually no progress in recording evidence [Anoop Singh V/s UT of J&K].Referring to a detailed report submitted by the trial court pursuant to earlier directions, the Bench comprising Justice JB Pardiwala and Justice KV Viswanathan said that it highlighted a "sorry state of affairs" and a gross failure on the part of the prosecuting agency.."The report is extremely disturbing. The report highlights the sorry state of affairs at the end of the prosecuting agency. We are at pains to note that in last 7 years, the prosecution has been able to examine only 7 witnesses. Prosecution still intends to examine 17 more witnesses. We wonder who are these 17 witnesses who are yet to be examined and if not examined, what would be the adverse effect on the case of the prosecution. However, the most unfortunate part of the report of the trial court is that past 82 hearings, not a single witness has been examined," the Bench observed.It released the accused on interim bail and also summoned the Home Secretary of Jammu and Kashmir.The Home Secretary was asked to submit details of all criminal trials in J&K where accused persons are in jail for five years or more as undertrial prisoners..The case pertained to an incident dated October 4, 2018, following which the petitioner was arrested and charge-sheeted. The matter was committed to the Sessions Court and is pending before the Additional District and Sessions Judge of Samba..Though charges were framed on February 23, 2019, the trial has seen repeated delays, including a phase of de-novo investigation ordered by the High Court on the plea of the deceased’s widow and disruption during the COVID-19 pandemic..However, the Supreme Court noted that even after 2022, there has been no meaningful progress in the trial, leaving the petitioner incarcerated as an undertrial for more than seven years..Taking serious note of the prolonged delay, the Bench said it proposed to take a very strict view of the matter and held that the UT of Jammu & Kashmir owes an explanation for the inordinate delay in conclusion of the trial.The counsel appearing for the petitioner submitted that this is not a solitary case of an under-trial prisoner who is languishing in jail past 7 years. There are hundreds of such under-trial prisoners in the UT of Jammu and Kashmir languishing in jail past more than 10 years and their trials are pending, he said.The Court recorded the same and directed the Home Secretary of UT of Jammu & Kashmir to file a response within four weeks and to appear online before the Court on the next date of hearing..The Home Secretary was also asked to place on record details of all criminal trials in J&K where accused persons are in jail for five years or more as undertrial prisoners..Considering the prolonged incarceration and stagnation of the trial, the Supreme Court ordered the release of accused Anoop Singh on interim bail, subject to conditions to be imposed by the trial court..The matter is now listed for further hearing on March 10..Advocates Pratap Singh Nerwal, Ranjeet Kumar, Simanta Kumar, Anant Kumar, Ramjee Pandey and Mithlesh Kumar appeared for the petitioner.Advocates Parth Awasthi and Deepika Gupta represented the Union Territory of Jammu & Kashmir.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.