Delhi High Court Refuses Fixed Timeline for Shraddha Walkar Murder Case Trial

Justice Madhu Jain disposed of a petition filed by Shraddha Walkar's brother, who had sought a fixed timeline for completion of the trial, contending that the prolonged proceedings had prevented the family from performing her last rites as several of her recovered remains continue to be retained as case property.

"No further directions are required to be passed at this stage when the trial is being conducted on a day to day basis. The petition is disposed of," the Court held.

Plea sought fixed timeline for trial

The petition urged the High Court to direct the trial court to conclude the proceedings within a specified timeframe and avoid unnecessary adjournments. It argued that despite the investigation having concluded, charges being framed in May 2023, and substantial progress in recording evidence, the trial has remained pending for over four years.

The petitioner submitted that the delay has caused continuing emotional, psychological and spiritual trauma to the family, which has been unable to perform Shraddha Walkar's funeral rites because her mortal remains continue to be preserved as evidence.

The plea argued that the right to dignity extends beyond death and includes the dignified treatment and disposal of mortal remains. It contended that the continued retention of the remains amounts to an ongoing violation of the family's constitutional rights.

Delhi Police: Trial progressing expeditiously

During the hearing, the petitioner's counsel submitted that the murder had shocked the conscience of the nation and argued that only 23 witnesses had been examined since 2023, leaving 43 witnesses yet to be examined, which could prolong the trial by another two to three years.

Senior Advocate Amit Prasad, appearing for the Delhi Police, opposed the plea and informed the Court that the trial was progressing steadily.

He submitted that out of 222 prosecution witnesses, 157 have already been examined, while examination-in-chief of six witnesses remains pending. Of these, four are overseas witnesses who are required to be examined through video conferencing.

Prasad further informed the Court that cross-examination of 14 witnesses is pending and that the trial is being conducted on a day-to-day basis except on Saturdays and Sundays.

HC requests expedited faciitation of overseas witnesses

While refusing to issue any further directions to the trial court, the High Court requested the Union Ministry of Home Affairs and the Ministry of External Affairs to facilitate the examination of overseas witnesses expeditiously whenever the trial court issues appropriate directions in that regard.

Background

Aaftab Poonawalla is accused of murdering his live-in partner Shraddha Walkar in 2022, allegedly chopping her body into multiple pieces and disposing of them over several days in different parts of Delhi.

Charges were framed against Poonawalla in May 2023 for offences relating to murder and destruction of evidence. He pleaded not guilty and claimed trial. The prosecution has cited over 220 witnesses in the case.

It is to be noted that on July 8, a Delhi Court had cancelled a scheduled trial hearing in the Shraddha Walkar murder case on July 20 after the accused, Aaftab Amin Poonawala, sought an exemption from physical production to appear for his university examinations inside the prison.