HC asks Haryana DGP to explain 8-year trial delay, warns action against erring officials

In a scathing critique of the prosecution’s failure to expedite an eight-year-old murder trial, the Punjab and Haryana High Court has sought an affidavit from the Haryana Director-General of Police (DGP) to explain the “inordinate delay.”

Justice Alok Jain also made it clear that the DGP was required to identify and hold accountable the officials whose absence as witnesses stalled the trial despite repeated court orders to expedite proceedings. “This situation calls for introspection regarding the prosecution's role in causing such an inordinate delay,” the court asserted.

Petitioner in jail for 5 yrs

"...the petitioner has been in custody from more than five years, and the fact that the petitioner has clean antecedents with no other criminal case registered against him, this court is constrained to grant regular bail to the petitioner."

Justice Alok Jain, Punjab & Haryana HC

Justice Jain added strict action was required to be initiated against the officials after complying with the principles of natural justice, “if it is found that the delay has occurred due to the non-appearance of official witnesses”.

The Bench was told that the case was registered for murder and other offences in Rohtak in February 2016 under Sections 148, 149, 188, 302, 201 of the IPC and the Arms Act. The accused-petitioner, in custody since November 2019, had moved the High Court for bail, citing prolonged incarceration and a sluggish trial.

Referring to the custody certificate placed before Justice Jain’s Bench, the state counsel submitted that as many as 52 of 74 witnesses had been examined, 13 given up, and nine official witnesses were yet to be examined. Taking a note of the rival contentions, Justice Jain observed that the allegations against the petitioner were regarding the recovery of the weapon of the offence from his house following disclosure by a co-accused. Besides this, there was no allegation that the petitioner was involved in the commission of the offence.

Justice Jain also made it clear that the delay had eroded the petitioner’s fundamental right to a speedy trial, as upheld by the Supreme Court. The court asserted the matter was “serious matter” and the gravity of the offence was significant. But the right to a speedy trial had been repeatedly upheld by the apex court in various judgments.

“Despite strict orders being passed by this court to expedite the trial, considering that more than eight-and-a-half years have already passed, out of which the petitioner has been in custody from more than five years, and the fact that the petitioner has clean antecedents with no other criminal case registered against him, this court is constrained to grant regular bail to the petitioner,” Justice Jain asserted. The case will now come up for the examination of the DGP’s report in December second week.