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Supreme Court Slams J&K Over Seven-Year Undertrial, Grants Interim Bail and Demands Data on Long-Pending Cases

The bench ordered the J&K Home Secretary to join by video, filing within four weeks a report on trials with accused in custody for over five years.

Overview

  • After reviewing a trial-court report, the Supreme Court called the delay a mockery of Article 21, noting only seven witnesses examined in seven years with 82 hearings recording no testimony.
  • The court granted interim bail to Anoop Singh, arrested in a 2018 murder case with charges framed in 2019, citing prolonged incarceration without trial progress.
  • Jammu & Kashmir’s counsel cited COVID disruptions, a protest petition leading to a High Court-ordered de novo probe, and absent witnesses from Haryana, but the bench found these explanations unconvincing.
  • The Home Secretary of J&K must appear by video and submit details of all pending criminal trials where the accused have been in custody for more than five years.
  • In a separate order, the Delhi High Court decried a 13-year delay in securing a life convict after appeal dismissal and issued a protocol requiring immediate communication of interim-bail and suspension orders and prompt action to ensure surrender or arrest.