'Failure of judicial system': SC on 45-year-old case

In a case that sheds light on the failures of the judicial system, a 45-year-old double murder case has finally reached the Supreme Court. The lengthy proceedings saw five out of six accused passing away, leaving the sole surviving convict, a 70-year-old bedridden individual, to battle the legal system from prison. The Supreme Court, in its ruling, has suspended the convict's sentence and granted bail, while also ordering an examination into the reasons behind the protracted trial that spanned 22 years.

The case, which occurred in 1981, saw the trial court and high court taking an exorbitant amount of time to decide the matter. The bench, comprising Justices J B Pardiwala and K Vinod Chandran, deemed the delay a failure of the judicial system and suspended the sentence to allow the convict to leave jail on bail. They also decided to delve into the reasons behind the lengthy trial, which began in 1991 after the charges were framed.

Advocate Fauzia Shakil, representing the convict, argued that granting bail was crucial for the petitioner as he faced the prospect of prolonged incarceration if acquitted. Despite the gravity of the crime, the court expressed concern over the defendant's medical condition and the state's affidavit confirming his admission to a hospital while in custody. They suspended the sentence and directed the petitioner's release under specific conditions.

The court's order highlighted the disturbing reality that while the incident took place in 1981, the trial court's judgment was only issued in 2002, and the high court's decision followed 22 years later. The Supreme Court questioned the cause behind the prolonged delays and ordered the registrar general of the high court to explain the reasons behind the significant gaps in the judicial process.