45-Year Delay in Double Murder Case: Supreme Court Terms It a 'Failure of the Judicial System' and Grants Bail
The Supreme Court has delivered a scathing critique of the country's legal delays, terming a 45-year pendency in a 1981 double murder case a glaring "failure of the judicial system." During this extraordinarily prolonged legal battle, both the trial court and the Jharkhand High Court each consumed 22 years to deliver their respective verdicts. Out of the six original accused, five passed away during the proceedings, leaving behind a single surviving convict who is over 70 years old, bedridden, and pursuing justice from prison.
Bench Grants Bail and Investigates Institutional Delay
A bench comprising Justices J.B. Pardiwala and K. Vinod Chandran took serious note of the inordinate delays and stayed the sentence of the sole surviving convict, ordering his immediate release on bail subject to personal surety. Recognizing his severe medical condition and long hospitalization while in custody, the apex court emphasized that even in cases involving heinous crimes, the prolonged suffering of the accused over four and a half decades cannot be overlooked. Furthermore, the bench initiated steps to investigate the specific institutional reasons behind the decades-long backlog at both judicial levels.
Unexplained Lapses in Trial and Appeal Timelines
Court proceedings highlighted troubling lapses in case management. While the incident dated back to 1981, the trial court conviction order was only delivered in 2002. Although records indicated that the accused had absconded for a brief period, the court noted that no adequate explanation was provided for the 12-year stagnation following the framing of charges in 1991. Additionally, the High Court took another 22 years to address the appeal. To address systemic backlogs in criminal appeals, the Supreme Court permitted the petitioner to implead the Central Government and directed the High Court Registrar General to submit compliance reports to the office of the Attorney General and Solicitor General.
