{"id":35597,"date":"2026-03-11T06:38:58","date_gmt":"2026-03-11T06:38:58","guid":{"rendered":"https:\/\/jammubulletin.com\/site\/?p=35597"},"modified":"2026-03-11T06:38:58","modified_gmt":"2026-03-11T06:38:58","slug":"shocking-that-over-350-trials-pending-in-jk-for-more-than-5-years-sc","status":"publish","type":"post","link":"https:\/\/jammubulletin.com\/site\/shocking-that-over-350-trials-pending-in-jk-for-more-than-5-years-sc\/","title":{"rendered":"Shocking that over 350 trials pending in J&K for more than 5 years: SC"},"content":{"rendered":"
\"Shocking
Shocking that over 350 trials pending in J&K for more than 5 years: SC<\/figcaption><\/figure>\n

JAMMU, Mar 10: The Supreme Court today said that it is extremely disappointed to know that 351 sessions trials are pending in the Union Territory of Jammu and Kashmir for more than 5 years, and out of those cases, 250 cases are pending at the stage of recording of oral evidence of witnesses.Reminding that the accused persons have a right to a speedy trial, the Apex Court said that the UT must come up with a plan to conclude the pending trials at the earliest.
\nIt may be recalled that the Supreme Court last month granted bail to a man, accused in a murder case, after finding that his trial had been pending for more than 7 years and only 7 witnesses had been examined by the prosecution so far.
\nLooking at the sorry state of affairs, a bench comprising Justice J B Pardiwala and Justice K V Viswanathan had then directed Chandraker Bharti, Principal Home Secretary, Union Territory of Jammu & Kashmir, to appear online on the next date of hearing. It has also asked the Secretary to place on record the pending criminal trials where the accused has been under custody for more than 5 years.
\nToday, Additional Solicitor General Aishwarya Bhati placed the details on record. As per the affidavit filed by Secretary Chandraker, who appeared via video-conferencing, 351 trial cases are pending for more than 5 years, involving 585 accused persons; 2 cases are at the stage of charge\/evidence; 6 are at the stage of judgment and 235 cases at the prosecution witness stage. Moreover, 14 trial cases are at the 313 CrPC stage (erstwhile Section 342 of the Ranbir Penal Code) and 34 are at final arguments.
\nAfter hearing the details, Justice Pardiwala questioned why so many trials are pending for more than 5 years. \u201cWhat are the Trial Courts doing? Accused is in jail past five years, his trial is not concluded. That is something very serious\u2026 Why are you not able to produce the witnesses for the recording of the oral testimonies? Is it the failure of the investigating agency to produce witnesses that is causing the delay in the conclusion of the trial? We should know, we should go to the root of the problem. Present case is very gross,\u201d he said.
\nJustice Viswanathan asked, \u201cif there is any proposal as to when the trials are likely to be concluded\u201d.
\nIt may also be recalled that the Supreme Court had called for a report from the Trial Court on the flagrant delay. As per the report received, the Trial Court had asked the prosecuting agency to produce the prosecution witnesses. But in the 23 hearings, no witnesses were produced.
\n\u201cSo for 23 times, the trial must have been adjourned only because 3, 4, 5 and 6 (prosecution witnesses) could not be produced\u2026 Prosecution did not produce any evidence on 26 judicial hearings before Trial Court to prove the police report and before this Court on 56 judicial hearings despite judicial directions. Only 7 witnesses have been examined till date. 11 witnesses are from Hisar, Haryana\u201d, Justice Pardiwala remarked.
\nIn the last hearing, it was submitted by ASG Bhati that some delay was caused due to the COVID-19 pandemic. Justice Pardiwala observed that while some delay was understandable due to the COVID pandemic, the continued delay thereafter made no sense.
\nJustice Pardiwala also orally said that even if the prosecution tries to establish a murder case, it would fall under culpable homicide not amounting to murder, as there was no intention or knowledge on the part of the accused. He asked the Home Secretary if there is a lack of Trial Courts or Judges in J&K.
\n\u201cAre you all short of Trial Courts? Are you short of Trial Judges? Are you all short of Public Prosecutors? What is the problem? We are not able to understand. Rather it is unpalatable for us to accept that you are unable to produce the prosecution witnesses for examination. That is your responsibility, you have to bring them\u201d, Justice Pardiwala said, adding the J&K High Court should have intervened in the matter.
\nThe Court has now sought further details, including the number of witnesses in the 235 pending cases, how many of them have been examined, and when the witnesses were last examined. Justice Viswanathan orally remarked that this is a \u201cpilot study\u201d for the Court.
\nThe counsel representing the Court advocated for pan-India directions. He submitted that another accused has filed a writ petition seeking bail. He has been languishing in jail for more than 8 years and was arrested when he was merely 19 years old. On this, Justice Pardiwala reminded Bhati that the accused persons have a right to a speedy trial. They must know where they stand.
\nThe Court observed: \u201cIn pursuance of our order, the Principal Secretary, Home Department, has joined online. We also looked into the affidavit filed by Bharti, Principal Secretary. It appears to us from the information furnished in the affidavit, more particularly the status of the undertrials, that there are in all 351 Sessions Trials pending in J&K. There are in all 585 accused persons facing trials. However, the shocking fact is that these trials, 351 in number, are pending for more than 5 years. Another disturbing feature highlighted in the chart is that out of 351 cases, 235 cases are pending at the stage of recording of the oral evidence of the witnesses\u201d.
\n\u201cThere could be many reasons for the delay in all these cases. However, we should not ignore or overlook the fact that the accused has a right to speedy trial as enshrined under Article 21. Once charge is framed, it is expected that the Trial Court will record oral evidence and conclude at the earliest. Prima facie, it appears that these cases are delayed as the prosecuting agency is unable to produce prosecution witnesses for examination. This could hardly be a ground for delay in the conclusion of the trial\u201d, the Supreme Court said.
\n\u201cSince we have a particular figure now before us pending at the oral evidence stage, we request Bhati to furnish on the next date of hearing the date of framing of charges; how many witnesses have been cited in the chargesheet; how many are proposed to be examined and how many have been actually examined; date of the examination of first prosecution witnesses; date of examination of last witnesses and the next date fixed; summary of reasons\/remarks for the delay in the examination of witnesses; proposed\/estimated time of disposal\u201d, the Supreme Court said.
\n\u201cLet the details be furnished to us in the form of affidavit, duly affirmed by the Principal Secretary\u201d, read the order of the Supreme Court.
\nThe Bench said, \u201cwe have taken up the issue very seriously. The whole idea in initiating this exercise is to ensure that undertrials do not languish in jail for an indefinite period of time. The victims also deserve speedy justice. Many times, we have observed that justice should not only be done to the accused person. Justice is also to be done to the victims and the kin and kith of the victims\u201d.
\n\u201cWe also impressed upon Bharti, Principal Secretary, to look into this matter very seriously. We expect the Government to have some modality by which the problem of delay in the conclusion of the trial is taken care of. Bharti has assured us today that he would take the matter, particularly the large issue, very seriously and have a meeting with the agencies concerned. We must have some plan duly prepared in this regard\u201d, the bench added.<\/p>\n","protected":false},"excerpt":{"rendered":"

JAMMU, Mar 10: The Supreme Court today said that it is extremely disappointed to know that 351 sessions trials are pending in the Union Territory of Jammu and Kashmir for more than 5 years, and out of those cases, 250 cases are pending at the stage of recording of oral evidence of witnesses.Reminding that the […]<\/p>\n","protected":false},"author":2,"featured_media":35599,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[15,89,1],"tags":[],"class_list":["post-35597","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-jammu-and-kashmir","category-national","category-uncategorized"],"gutentor_comment":0,"yoast_head":"\nShocking that over 350 trials pending in J&K for more than 5yrs: SC<\/title>\n<meta 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