The Supreme Court has halted trial proceedings against a Uttar Pradesh police officer accused in a 1989 rioting case, citing the prosecution’s failure to examine any witnesses for 35 years. The apex court expressed concern over the prolonged delay, noting that two co-accused had died and two others were acquitted for similar reasons.
Information was available with The Chenab Times indicating that the significant delay prompted the court to consider quashing the proceedings entirely. A bench comprising Justice J.B. Pardiwala and Justice Vijay Bishnoi issued a notice to the State of Uttar Pradesh regarding the petition filed by the accused, Kailash Chandra Kapri. Kapri had challenged a previous order from the Allahabad High Court that had refused to quash the case against him.
The proceedings were stayed by the bench in an order dated April 20, with further proceedings in Case No. 545/1991 pending before the Additional Chief Judicial Magistrate (Railway), Prayagraj, explicitly halted. The matter has been scheduled for further hearing on April 29 and placed at the top of the cause list. The case stems from a riot registered under Case Crime No. 115/1989 at the GRP Rambagh Police Station in the district of Allahabad, now Prayagraj.
The Supreme Court’s observation highlighted the anomaly of the trial persisting for over three decades without a single prosecution witness being presented. The court acknowledged that the proceedings, registered as Case No. 545/1991, were still active in the Court of Additional Chief Judicial Magistrate (Railway) in Prayagraj. This development underscores a critical issue concerning the administration of justice and the procedural bottlenecks that can impede the conclusion of legal cases.
The charge sheet in the case originally named five individuals, including the petitioner. The passage of time has seen the demise of two co-accused. Furthermore, the report indicates that two other individuals involved in the case have already been discharged from their charges. This acquittal was granted due to the prosecution’s inability to bring forth any witnesses to depose evidence, a situation that has now directly impacted Kapri’s ongoing trial.
The Supreme Court’s inclination to quash the proceedings, even if only on the grounds of the extraordinary delay, signals a strong stance against protracted legal battles, particularly when they stem from a lack of prosecutorial action. Before making a final decision, the court has sought to hear the perspective of the state government, emphasizing the importance of due process for all parties involved. The current stay on the proceedings means that no further steps can be taken in the case until the Supreme Court’s next hearing.
The original rioting case was registered in 1989, and the charges were filed subsequently. The legal journey of this case highlights how a single instance of a lengthy trial, influenced by various factors including prosecutorial inaction, can lead to significant judicial interventions. The apex court’s intervention comes at a time when concerns about case pendency and delays in the Indian judicial system are frequently discussed. The outcome of the April 29 hearing will be crucial in determining the future of this decades-old case.
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The Chenab Times News Desk
