A murder case that has barely moved in more than seven years drew sharp rebuke from the Supreme Court, which described the situation as deeply troubling and symptomatic of a systemic breakdown in Jammu & Kashmir’s criminal justice process.
The case involves an undertrial prisoner who has remained behind bars since 2018 while the trial has crawled forward at a glacial pace. Despite dozens of hearings, the recording of evidence has been almost nonexistent. Out of a long list of witnesses, only seven have been examined so far, leaving many more still on paper rather than in the witness box.
The Bench, examining a detailed report from the trial court, expressed dismay at what it called a “sorry state of affairs.” The judges noted that across 82 hearings, not a single witness was examined, raising serious questions about how and why the trial has been allowed to stagnate for so long.
The matter traces back to an incident in October 2018. Charges were framed early the following year, and the case was sent to the Sessions Court in Samba. Since then, progress has been repeatedly derailed—first by a fresh investigation ordered on appeal, and later by pandemic-related disruptions. But the Court pointed out that even after normal functioning resumed, the case failed to move forward in any meaningful way.
With the accused having spent more than seven years in custody without the trial nearing completion, the Court ordered his release on interim bail, subject to conditions set by the trial court.
The judges made it clear that this was not just about one stalled case. They directed the Home Secretary of Jammu & Kashmir to submit a comprehensive account of all criminal trials in the Union Territory where accused persons have been jailed for five years or more as undertrials. The official has been asked to respond within four weeks and to appear online at the next hearing.
The Court also recorded submissions highlighting that the problem extends far beyond a single file, with numerous undertrials reportedly spending a decade or more in prison while their cases await conclusion.
Calling for answers and accountability, the Bench said the Union Territory owes an explanation for the extraordinary delay and signalled that a stricter view would follow if the situation remains unaddressed.
The case will be taken up again on March 10.
