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Synopsis

An urgent letter petition has been filed before the Supreme Court, seeking time-bound disposal of special leave petition(s) and constitution of Special Benches in Rape/ Gang Rape/ Child Rape cases.

The petition filed by Alakh Alok Srivastava, Advocate-on-Record, Supreme Court, sought the Supreme Court to issue urgent appropriate orders or directions for quick disposal of SLPs for matters in rape, gang rape and child rape cases within 6 months. The idea is to be in consonance with the legislative intent enshrined within the amended Section 173 (1A), 309 (1) and 374 (4) of CrPC, the petition says. Further seeks directions to constitute special benches in the Supreme Court for expeditious disposal of the Special Leave Petitions (SLPs) filed under Article 136 of the Constitution.

The petition refers to Alakh Alok Srivastava Vs. Union of India & Others, (2018) 17 SCC 291, where a 3-judge bench of the Supreme Court issued appropriate direction for the High Court and POCSO Court to decide such matters expeditiously. Moreover the same year Sections 173, 309 and 374 of the Code of Criminal Procedure, 1973, were amended, says the petition. Further states that after the Criminal Amednment Act, 2018, the investigation, trial and appeals pertaining to the Rape, Gang Rape and Child Rape cases, are mandatorily required to be completed within 2-months, 6-months and 6-months respectively i.e., in a time-bound manner.

The petition, therefore, stipulates that the statutory mandate of time-bound disposal of criminal appeals within 6 months under Section 374 of CrPC is applicable even to the Supreme Court for convictions such offences on a trial held by a High Court in its extraordinary ORIGINAL criminal jurisdiction. “However, a careful and conjoint perusal of the relevant provisions of CrPC and Article 136 of the Constitution of India reveal that such time-bound disposal within 6-months has NOT been explicitly prescribed for the Special Leave Petitions (SLPs) preferred under Article 136 of the Constitution of India against the orders of convictions/ acquittals passed by the High Courts in their criminal appellate jurisdictions in Rape/ Gang Rape/ Child Rape cases”, the petition reads.

For brevity, the advocate gave two prominent case details to substantiate the intent and need of the letter petition. The petition gives reference of Mukesh vs State (Nirbhaya case), where the date of offence was 16-12-2012, the Trial Court pronounced its judgment in 9 months, the High Court disposed of the matter in 6 months, while the Supreme Court took 3 years to decide.  Further cited Rahul vs. State (Chhawla case), where the date of offence was 09-02-2012, the Trial Court pronounced its judgment in 2 years, the High Court disposed of the matter in 6 months, while the Supreme Court took 7.5 years to pronounce its verdict.

“It is respectfully submitted that the direct consequence of the delayed disposal of SLP in the first case (Nirbhaya case) was that the culprits were hanged till death only after more than 7 years and 3 months from the date of commission of offence despite huge public outcry. In the second case (Chhawla Case), due to delayed disposal of SLP in about 7.5 years, the possibility of re-investigation and re-trial has been virtually ruled out (all accused have been acquitted in this case)”, the petition stated.

The plea acknowledges the burden on the Supreme Court as "the court of last resort" and the principle that "justice hurried is justice denied." However, it says that the fundamental right of speedy justice should not be lost sight of.