'No court bothers to follow guidelines': SC quashes criminal case pending trial for 35 yrs, Pg8

Key Highlights:

• The Supreme Court quashed a criminal case pending trial in Prayagraj since 1991, citing violation of Article 21 of the Constitution, which guarantees the right to speedy trial.
• The case involved Kailash Chandra Kapri, a constable with the Uttar Pradesh Police in 1991, who faced charges under the IPC and the Railways Act.
• The court noted that despite numerous guidelines, lower courts often fail to ensure speedy trials due to lack of accountability.
• The Supreme Court has requested the Allahabad High Court to furnish information on pending criminal cases to address delays in the justice system.

Detailed Insights:

• The case originated from an FIR registered in 1989 at GRP, Rambagh Police Station, Allahabad, involving a trivial dispute among police constables in the police mess.
• Of the five accused in the case, two had died, and the other two were acquitted in February 2023 due to the prosecution's inability to present evidence.
• Kailash Chandra Kapri, now a Head Constable with the Local Intelligence Unit in Uttarakhand Police, was 22 years old when the FIR was registered and is now 59.
• The court emphasized that keeping a person in "suspended animation" for 35 years without any fault violates the spirit of procedure established by law.
• The Supreme Court highlighted that Article 21 of the Constitution mandates quick justice, and the delay in this case was a significant infringement on Kapri's rights.
• The Uttar Pradesh government cited difficulties in serving summons to Kapri due to his transfer to Uttarakhand after the state's bifurcation in 2000.

Key Concepts Involved:

• Article 21: Guarantees the right to life and personal liberty, interpreted to include the right to a speedy trial.
• FIR (First Information Report): A written document prepared by the police when they receive information about the commission of a cognizable offense.
• Sine qua non: An essential condition; something indispensable.