In a scathing directive, the Supreme Court has expressed outrage over the prolonged incarceration of an individual under the Maharashtra Control of Organised Crime Act (MCOCA) due to systemic delays. The accused had not been presented in court—either physically or virtually—on most of the 102 scheduled hearings over the past six years.
The Court described the situation as a “travesty of justice,” emphasizing that such delays effectively amount to sentencing an accused without trial. Observing that this is not an isolated case, the bench comprising Justice BR Gavai and Justice KV Viswanathan highlighted the critical need to uphold the constitutional right to a speedy trial under Article 21.
Directing immediate corrective measures, the Court instructed the Bombay High Court Registrar General, along with Maharashtra’s Home and Law Secretaries, to develop a system ensuring timely production of accused individuals, either in person or via video conferencing, at every hearing.
The bench stated, “The material placed on record reveals that for six years, out of 102 dates, the accused was not produced on most occasions. Such a sorry state of affairs cannot continue. If an accused is kept behind bars for five years without charges being framed, it is nothing short of sentencing without a trial.”
Acknowledging the stringent nature of MCOCA, the Court stressed that delays in trials cannot justify the denial of bail. However, to balance the rights of victims and the prosecution, stringent conditions were imposed on the appellant while granting bail.
This case sheds light on a broader systemic issue, as the Court earlier sought explanations from Maharashtra’s Home Secretary for the underutilization of video conferencing facilities in similar cases. The ruling underscores the judiciary’s insistence on safeguarding both the rights of the accused and the integrity of the justice system.
Copies of the order were directed to relevant authorities in Maharashtra for immediate action to prevent further such delays.
