Accused Detained for Over Four Years as Court Intervenes to Address Prosecution's Negligence
In a significant move to uphold the principles of justice and fair trial, the Calcutta High Court has directed the Government of West Bengal to replace the public prosecutor in the case concerning Saidul Sk, also known as Chottu or Saidul Sekh, who has been in custody for an alarming duration of four years and two months without substantial trial progress. Justice Tirthankar Ghosh presided over the matter, emphasizing the impermissibility of indefinite detention without trial advancement.
The court's decision came after reviewing the report from the Investigating Officer of the Kolkata Leather Complex Police Station Case No. 109 of 2021, which revealed that despite the presence of 39 prosecution witnesses, only one witness has been partially examined thus far. Both the Investigating Officer and the defacto complainant expressed dissatisfaction with the public prosecutor's handling of the case, citing a lack of interest and failure to expedite the trial process.
In light of these findings, Justice Ghosh directed the Legal Remembrancer/Judicial Secretary of the Government of West Bengal to appoint a new, responsible public prosecutor to ensure the timely progression of the trial. The court has mandated the submission of a compliance report to confirm the replacement and to reaffirm the state's commitment to judicial efficacy.
This intervention underscores the court's recognition of the undue hardship faced by the accused due to procedural delays and highlights the judiciary's proactive role in rectifying prosecutorial inefficiencies. The matter is scheduled for further mention on January 20, 2026, by which time the state is expected to submit its compliance report.
The judgment reiterates the critical balance between the rights of the accused and the duty of the state to prosecute in a timely manner, reinforcing the legal maxim that justice delayed is justice denied. The court's firm stance on replacing the public prosecutor seeks to restore momentum in a stalled legal process, ensuring that justice is both done and seen to be done.
Bottom Line:
Prolonged custody of accused due to non-progress in trial caused by public prosecutor's negligence - Court directs replacement of public prosecutor and submission of compliance report to ensure justice.
Statutory provision(s): Criminal Procedure Code
In the matter of : Saidul Sk @ Chottu @ Saidul Sekh, (Calcutta) : Law Finder Doc Id # 2833337
