Supreme Court Cracks Down On Delayed Framing Of Charges, To Propose Guidelines

Trial courts must complete framing of charges within specified timelines, the Supreme Court said Wednesday, expressing its intent to issue pan-India rules to prevent delayed trials.

The top court told Solicitor General Tushar Mehta, appearing for federal government, it had taken notice of such delays, stretching to three years in some cases, before charges are filed.

The new criminal laws require it to be done within 60 days of the first hearing, a bench of Justice Aravind Kumar and NV Anjaria court pointed out, adding, "We want to give some guidance."

Once a chargesheet is filed, the Supreme Court said, charges must be framed promptly and discharge proceedings, if required, must be conducted equally swiftly.

Mehta confirmed he would help the court in this regard. The court, meanwhile, also appointed senior advocate Sidharth Luthra as amicus curiae, or 'friend of the court', to assist matters.

The matter came up while the court was hearing a criminal case in which the petitioner red flagged non-framing of charges despite the accused having been in jail for the past two years.

"Why take years and years to frame charges? In a civil case, non-framing of the issues and, in a criminal case, non-framing of charges. We want to know what the difficulties are… or we will issue directions for all courts across the country. We propose to do it…" the judges said.

The matter was discussed after the court completed hearing Ladakhi activist Sonam Wangchuk's wife, Gitanjali Angmo, and her appeal to be allowed to amend prayers filed for the release of her husband.

The court allowed the prayer and asked the federal government and the administration of the Union Territory of Ladakh to file replies to her fresh prayers.

Wangchuk had been detained by the government after pro-statehood protests in Ladakh last month. The government held him responsible for the violence that followed.

Yesterday the counsel for Bihar and Maharashtra submitted there are often delays between a chargesheet being filed and charges framed. The Maharashtra counsel referred to an order passed by another bench, on October 8, about the 'shocking state of affairs' after it was noted that there are 649 cases pending across district and lower courts in the state.