SC ‘shocked’ over Maha court not framing charges against man for 4 years; seeks report from police, trial court

New Delhi, Nov 13
The Supreme Court has expressed “shock” over the continued incarceration of an accused in Maharashtra for more than four years without charges being framed, despite a charge sheet having been filed in early 2022.

A Bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said it was “really shocking” that the petitioner remains behind bars while the trial has not even reached the stage of framing charges.

“Even after four years of the petitioner being behind bars, charges have not yet been framed despite the charge sheet having been submitted on 13.01.2022. This is really shocking,” the Justice Amanullah-led Bench observed.

When the apex court sought an explanation, the counsel for the Maharashtra government claimed that the delay was due to other co-accused not appearing. However, the Justice Amanullah-led Bench found this justification unacceptable.

“We are more shocked at the said stand taken by learned counsel for the respondent-State. It transpires that the prosecution has not filed any application for cancellation of bail of the other co-accused, who are out on bail and who are blamed to be the reason why even charges could not be framed,” the apex court said.

“Tentatively, we feel that there is collusion between the prosecution and the accused,” it added.

The Justice Amanullah-led Bench directed the Superintendent of Police concerned to file an explanation on why such a situation had arisen and why no steps were taken to ensure the trial’s progress. It also ordered the trial court to submit a report explaining its failure to secure the attendance of co-accused who are out on bail. Both reports are to be submitted within three weeks.

The matter will next be heard on December 2, with the apex court warning that “if the explanations are not satisfactory, the Court may take a strict view in the matter”.

This is the second time in recent weeks that the Supreme Court has expressed alarm at the state of criminal trials in Maharashtra.

In early October this year, a Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh had described as “a very shocking state of affairs” the fact that hundreds of cases across the state had been pending for framing of charges for over a decade -- some since 2006. In that matter too, the top court had directed the Registrar General of the Bombay High Court to submit detailed reports on steps taken to ensure the timely framing of charges and production of undertrial prisoners.