Supreme Court tells High Courts to ensure day-to-day trial in sensitive cases

In an order, the apex court asked Chief Justices of high courts to issue a circular to the respective district judiciaries to ensure that the proceedings in every inquiry or trial would be held expeditiously.

New Delhi: A bench of Justices J B Pardiwala and K V Vishwanathan asked all the High Courts to constitute a committee to discuss this issue very seriously for the benefit of their respective district judiciaries.

In an order on September 22, 2025, the court asked the Chief Justices of the high courts to issue a circular to the respective district judiciaries to ensure that the proceedings in every inquiry or trial would be held expeditiously. 

The bench said, when the stage of examination of witnesses starts such examination would be continued from day-to-day until all the witnesses in the attendance have been examined except for special reasons to be recorded in writing.

The court said one of the significant factors contributing to delays in the justice system is the discretionary practice of non-continuous criminal trials, where evidence is heard by the court in piecemeal fashion, with cases effectively spread out over the course of many months or even years.

“While limited judicial or court resources and a shortage of available court time due to the volume of cases are often cited for the use of this discretionary practice, the costs of non-continuous trials to both parties and to the justice system as a whole can far outweigh the perceived benefits,” the bench said.

The court said it is in the light of the settled legal position, it is no longer possible to question the legitimacy of the right to speedy trial as a part of the right to life under Article 21 of the Constitution. 

“The essence of Article 21 of the Constitution lies not only in ensuring that no citizen is deprived of his life or personal liberty except according to procedure established by law, but also that such procedure ensures both fairness and an expeditious conclusion of the trial”, it said.

The bench observed that speedy justice is a component of social justice since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.

The court's order came while declining a plea by the CBI to cancel bail granted to accused Mir Usman in a rape case by the Calcutta High Court, after noting almost one year elapsed since he was released. 

The court, however, objected to the order by Additional Sessions Judge, Distt. Purba Medinipur, adjourning examination of the victim to December 18, 2025. When asked to file status report, the judge concerned preponed the date in October.

In the case, the bench said once the oral evidence of the victim is completed, the trial court should make all possible endeavour to see that the other witnesses are examined at the earliest and the trial is completed with judgment by December 31, 2025.

The court cited Section 309 of the CrPC (now Section 346 of the BNSS, 2023) which contained a mandatory provision that in every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day basis until all the witnesses in attendance have been examined.

"The emphasis of this Section cannot be overlooked and must not be overlooked by any judicial officer who tries a criminal case, much less by the higher officers, like the Sessions Judges presiding over the Sessions Court, where serious offences are being tried day in and day out,'' the bench said.