Apex court’s observation on influence on legal proceedings
2. The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings. The present case highlights the alarming trend where cases, particularly those involving influential figures, face significant delays, obstructing the administration of justice. The undue influence wielded by powerful individuals further exacerbates the situation, raising concerns about fairness and impartiality. This underscores the urgent need to address systemic flaws and ensure timely resolution of legal disputes.
3. Under normal circumstances, we could have disposed of this appeal with a request to the High Court to decide the pending revision petitions expeditiously. However, considering the grave and sensitive nature of the issue, notices were issued not only to the respondent/state but also to respondent no. 2 who is the beneficiary of the withdrawal order.
4. The present appeal arises out of the impugned order dated 18.07.2023 passed by the Allahabad High Court in Criminal Revision No. 2107 of 2012 whereby the hearing of a batch of criminal revision petitions was adjourned at the request of the counsel for the accused persons for the sixth time. The criminal revision petitions being heard together before the High Court have been filed by the accused persons as well as the mother of the present appellant, who is the widow of one of the deceased persons, against the order of the Trial Court dated 19.05.2012 whereby the application for withdrawal of prosecution under Section 321, Code of Criminal Procedure, 1973 was allowed for one of the accused persons, Chhote Singh, but was dismissed with respect to the other nine accused persons.
5. Criminal Revision Nos. 1678 of 2012, 1874 of 2012, and 1900 of 2012 have been filed by the accused persons against dismissal of their application for withdrawal of prosecution under Section 321, CrPC and Criminal Revision No. 2107 of 2012 has been filed by the mother of the present appellant challenging the grant of permission for withdrawal of the prosecution against accused Chhote Singh.
Pending trial for two decades
7. It is this order of adjournment dated 18.07.2023 that is challenged before us by the son of deceased Jagdish Sharan Srivastava who is seeking intervention of this Court in the case on the ground that grave injustice has been caused to the appellant and his family as the trial has been pending for almost three decades on account of the prolonged pendency of the criminal revision petitions for twelve years. The accused persons have been seeking adjournments in the criminal revision petitions as a delay tactic to prolong the trial, thus aggravating the suffering of the deceased’s family and delaying the process of justice.
8. We have heard the learned counsel for all the parties and have also perused the material produced on record. The learned counsel for the appellant has contended that the entire trial is held up owing to the pendency of the criminal revision petitions and the Trial Court record being retained with the High Court. They have further brought to the notice of this Court that the matter was being listed before the High Court only after applications for listing were filed on behalf of the present appellant and despite the same it was repeatedly adjourned on the request of the Respondents. It is also the appellant’s contention that the victim’s revision petition was tagged with the revision petitions of the accused persons and thus the same is being used by the accused persons to delay the trial despite their applications lacking any substance. Furthermore, they have contended that the State mechanically granted permission to the Public Prosecutor to withdraw the prosecution against the accused persons. The grant of permission for the withdrawal of prosecution with respect to accused Chhote Singh was also granted by the Trial Court owing to his political standing and for no other cogent reasons. Similarly, other accused persons are also influential people and have succeeded in delaying the trial period for an indefinite period and are continuing to do the same.
11. It is apparent that this case presents concerning circumstances wherein politically influential individuals, accused of a double murder in broad daylight, have evaded trial for almost three decades. We also acknowledge that it is evident from the Trial Court’s order dated 19.05.2012 that political power has been leveraged to secure the withdrawal of prosecution of accused Chhote Singh. While the other nine accused were put to trial and their applications rejected without a reasoned order, this order being challenged by both, accused persons and the victims, has remained pending before the High Court for twelve years and the resultant stagnation in trial proceedings is deeply troubling. Given the gravity of the situation and the risk of miscarriage of justice, urgent action is warranted.
12. Considering the material on record and the political influence of accused Chhote Singh and the Trial Court’s casual approach towards the accusations against the then sitting Member of Legislative Assembly in allowing withdrawal of his prosecution, this court is of the opinion that merely because an accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public. Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on the ground of good public image of an accused named in the charge sheet after thorough investigation. Contrary to the Trial Court’s view, such withdrawal cannot be said to be allowed in public interest. This reasoning cannot be accepted especially in cases of involvement of influential people.
Apex Court set aside the withdrawal of prosecution
14. We had sent notice to the accused Chhote Singh, who is Respondent No.2 in the present Appeal, and have heard the case on its merits with regard to the application under Section 321, CrPC which was filed by Respondent No.2 and allowed by the Trial Court. In the light of the discussion made above, we are inclined to set aside the withdrawal of prosecution of accused Chhote Singh as allowed by the Trial Court.
16. Accordingly, the appeal is allowed, the Criminal Revision No. 2107 of 2012 pending before the High Court of Allahabad is allowed, and order dated 19.05.2012 passed by the Court of Additional Sessions Judge (Temporary Ex Cadre Court-01), at Jalaun, Orai, is set aside only with respect to Respondent No.2 herein.
17. In light of the aforementioned concerns, this Court directs the registry to send a copy of this order to the registry of the Allahabad High Court. Additionally, the parties before the High Court are also at liberty to bring this order to the notice of the High Court in the pending revisions by the accused. Thereafter, the High Court shall, considering the observations made by this Court, re-evaluate the remaining cases and decide the other pending criminal revision petitions for the withdrawal of prosecution as prayed by the remaining nine accused persons.
18. Lastly, this Court emphasizes the paramount importance of ensuring progression of the trial without further delay. The High Court shall retain with it only copies of the Trial Court record for its perusal and consideration in disposing of the criminal revision petitions of the accused persons pending before it, and send back the original record to the Trial Court for expeditious conclusion of the criminal trial which has been pending for almost three decades now.
Party
Shailendra Kumar Srivastava … Appellant(S) versus The State of Uttar Pradesh & anr. … Respondent(S) – Criminal Appeal No. of 2024 (Arising out of SLP (Crl.)No.16417 of 2023) – 2024 INSC 529
