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In its order, the high court observed that the judicial system seemed to have overlooked the applicant, as he had not been produced before the court
The Bombay High Court has sought an explanation from the District Judge of Thane and the District Judge of Belapur regarding why charges have not been framed against an individual, despite five years having passed since his arrest.
A single-judge bench of the high court presided over by Justice Bharathi Dangre, heard an application filed by Javed Likayat Ansari, who was charged with murder by the police.
In July 2022, the bench expressed its disinclination to hear the matter, leading to its withdrawal. In the same year, the trial had not progressed due to the pandemic. However, the high court had directed the trial court to complete the trial within a year.
The bench was surprised to learn that 1.5 years had passed since the high court's order, yet the charges had not been framed.
In its order, the high court observed that the judicial system seemed to have overlooked the applicant, as he had not been produced before the court.
“With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this Applicant, as he has not been produced before the Court and despite his arrest some five years back, the Court has not even bothered to frame the charge,” the order states.
The bench, in its order, noted that if an explanation were sought from the trial court, the Belapur Court might claim that the case was recently transferred to it, while the Thane Court could assert that the case had been transferred to Belapur Court.
The high court in its order said that the aforesaid situation depicts a sorry state of affairs, when time and again the Apex Court has warned about the right of an accused and specifically the right to have a speedy trial.
While directing the District Judges of Thane and Belapur to explain the delay in framing charges, the bench stated,
“Though on the ground of long incarceration, I could have released the Applicant on bail, I deem it appropriate to have an explanation from the District Judge, Thane as well as the District Judge and Additional Sessions Judge, Belapur, as at some or the other time, the system must fix an accountability on individuals, rather than talking about the delays in the process on account of huge pendency. An accused, who is incarcerated as an under-trial prisoner for last five years, definitely deserve an answer,” the order states.
Case title: Jahid alias Javed Liyakat Ansari vs State of Maharashtra
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