Apex Court Directs Investigation into Delays in Criminal Trials in Jammu and Kashmir
In a significant ruling, the Supreme Court of India has granted interim bail to Anoop Singh, an under-trial prisoner who has been incarcerated for over seven years without the completion of his trial. The decision comes amidst concerns over prolonged delays in the criminal justice system in the Union Territory of Jammu and Kashmir.
The case, pertaining to an incident dated October 4, 2018, involved charges of murder under Section 302 of the Ranbir Penal Code. Anoop Singh, the petitioner, had been arrested and remained in custody since then, awaiting trial. Despite the filing of a charge sheet and the commencement of proceedings, the trial was stalled repeatedly, further exacerbated by the COVID-19 pandemic.
The Supreme Court bench, comprising Justices J.B. Pardiwala and K.V. Viswanathan, expressed grave concern over the systemic inefficiencies that have led to such inordinate delays. Notably, the prosecution managed to examine only seven witnesses over the years, with 17 more yet to be called, raising questions about the prosecutorial process.
Highlighting the issue of accountability, the court directed the Home Secretary of Jammu and Kashmir to provide a detailed report outlining the reasons for such delays. The court also sought a comprehensive list of all under-trial prisoners in the region who have been in custody for over five years without trial completion.
In its order, the Supreme Court criticized the lack of progress in the case and emphasized the need for immediate remedial measures to address the backlog of cases and the prolonged detention of under-trial prisoners. The court further instructed that the petitioner be released on interim bail, subject to conditions deemed appropriate by the trial court.
The court's decision sheds light on the broader issue of judicial delays in Jammu and Kashmir, with reports suggesting that hundreds of under-trial prisoners have been languishing in jail for over a decade. The Supreme Court has called for urgent action to rectify these systemic failures and ensure timely justice.
The case has been adjourned to March 10, 2026, by which time the Home Secretary is expected to file the required responses and details of all pending criminal trials in the Union Territory.
Bottom Line:
Under-trial prisoner languishing in jail for over 7 years without trial completion - Supreme Court granted interim bail and directed investigation into inordinate delays in criminal trials in the Union Territory of Jammu and Kashmir.
Statutory provision(s): Criminal Procedure Code, Section 302 of the Ranbir Penal Code (now IPC)
Anoop Singh v. U.T. of J and K, (SC) : Law Finder Doc id # 2848507
