Expressing shock over the numbers and delay. the Supreme Court today on March 10 said that it is extremely disappointed to know that 351 sessions trials are pending in the Union Territory of Jammu and Kashmir for more than 5 years, and out of those cases, 250 cases are pending at the stage of recording of oral evidence of witnesses.
Reminding that the accused persons have a right to a speedy trial, the Court said that the UT must come up with a plan to conclude the pending trials at the earliest.It may be recalled that the Supreme Court last month granted bail to a man, accused in a murder case, after finding that his trial had been pending for more than 7 years and only 7 witnesses had been examined by the prosecution so far.
Looking at the sorry state of affairs, a bench comprising Justice JB Pardiwala and Justice KV Viswanathan had then directed the Chandraker Bharti, Principal Home Secretary, Union Territory of Jammu & Kashmir, to appear online on the next date of hearing. It has also asked the Secretary to place on record the pending criminal trials where the accused has been under custody for more than 5 years.
On Tuesday March 10, Additional Solicitor General Aishwarya Bhati placed the details on record. As per the affidavit filed by Secretary Chandraker, who appeared via VC, the details which emerged shocked the SC bench.351 trial cases are pending for more than 5 years, involving 585 accused persons2 cases are at the stage of charge/evidence, 6 are at the stage of judgment, and 235 cases at the prosecution witness stage.
After hearing the details, Justice Pardiwala questioned why so many trials are pending for more than 5 years."What are the Trial Courts doing? Accused is in jail past five years, his trial is not concluded. That is something very very serious...Why are you not able to produce the witnesses for the recording of the oral testimonies? Is it the failure of the investigating agency to produce witnesses that is causing the detail in the conclusion of the trial? We should know, we should go to the root of the problem. Present case is very gross," he said.
Justice Viswanathan asked if there is any proposal as to when the trials are likely to be concluded.It may also be recalled that the Court had called for a report from the Trial Court on the flagrant delay. As per the report received, the Trial Court had asked the prosecuting agency to produce the prosecution witnesses. But in the 23 hearings, no witnesses were produced.
"So for 23 times, the trial must have been adjourned only because 3, 4, 5 and 6 [prosecution witnesses] could not be produced...Prosecution did not produce any evidence on 26 judicial hearings before Trial Court to prove the police report and before this Court on 56 judicial hearings despite judicial directions. Only 7 witnesses have been examined till date. 11 witnesses are from Hisar, Haryana," Justice Pardiwala remarked.
In the last hearing, it was submitted by ASG Bhati that some delay was caused due to the COVID-19 pandemic. Justice Pardiwala observed that while some delay was understandable due to the Covid pandemic, the continued delay thereafter made no sense.
Justice Pardiwally also orally said that even if the prosecution tries to establish a murder case, it would fall under culpable homicide not amounting to murder, as there was no intention or knowledge on the part of the accused. He asked the Home Secretary if there is a lack of Trial Courts or Judges in J&K. "That is your responsibility, you have to bring them," Justice Pardiwala said. He also said that the J&K High Court should have intervened in the matter.
The Court has now sought further details, including the number of witnesses in the 235 pending cases, how many of them have been examined, and when the witnesses were last examined. Justice Viswanathan orally remarked that this is a "pilot study" for the Court.
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