JOIN USCriminal appeals become illusory if not decided on time: SC
The Supreme Court has expressed its grave concern over the fact that as many as 14,484 criminal appeals were pending in 10 high courts for over 30 years, saying it is in public interest and that of convicts that these appeals are decided expeditiously.
"These facts pose a challenge to the judicial system, in as much as the right to speedy trial would also include the right to speedy disposal of appeals of those convicted. If such appeals are not taken up for hearing within a reasonable time, the right of appeal itself would be illusory," a bench presided over by Justice L Nageswara Rao said.
The court said in such long-pending cases, by the time appeals were heard, the incarcerated convicts, who were denied bail, would have undergone a major part, if not the whole of the period of their sentence.
The court identified 10 High Courts where there were a huge piling of cases for a long period of time and sought details from them on various points, including on age, health conditions of convicts, and the period of sentence undergone by them, during the pendency of appeals.
The bench, also comprising Justice S Ravindra Bhat, asked High Courts of Uttar Pradesh, Rajasthan, Madhya Pradesh, Patna, Rajasthan, Bombay, and Orissa to file affidavits, giving their plan of action for deciding the criminal appeals that have been pending before the High Courts for a long period of time.
The court passed its order, hearing arguments by senior advocate Devadatt Kamat and advocate Rajesh Inamdar, who sought bail for a life term convict, Khursheed Ahmad, as the Allahabad High Court refused to stay his sentence. The counsel said he had already undergone three years of jail and there was no likelihood of hearing his appeal in near future.
After seeking assistance from Solicitor General Tushar Mehta, and others, the bench said expeditious hearing cannot be directed only in cases where convicts approached the top court. At the same time, it said, the convicted persons cannot be under incarceration for an indeterminate period of time.
Going by the National Judicial Data Grid, the court noted the total number of criminal appeals, pending for 30 years or more in 10 High Courts is 14,484.
Criminal appeals that have been pending for over twenty years- and up-to thirty years are 33,045, and those pending for over ten years, and up to 20 years are 2,35,914.