The Supreme Court has suspended the sentence of a 70-year-old man convicted in a double-murder case in Jharkhand and ordered his release, describing the nearly 45-year-old litigation as a "failure of judicial system".
A bench of Justices JB Pardiwala and K Vinod Chandran also questioned why the Jharkhand High Court took more than two decades to decide the appeal filed by Simon Soren, who is undergoing treatment in hospital while in custody.
"The above case projects the failure of the judicial system, when a crime went unpunished and the accused were put to the torture of a prolonged trial of 22 years and then after conviction, the appeal filed having been dismissed after yet another two decades and two years," the bench said in its August 19 order.
The double-murder took place in Dumka in 1981, with six people named as accused in the case.
The court noted that two of the six accused died before charges were framed, while three of the four convicted died while the appeal was pending before the high court. "The sole remaining accused, aged about 70 and troubled with multiple ailments, has surrendered into custody after the high court convicted him (in 2024)," it said.
The court noted that Soren had spent a total of two years, four months and 12 days in custody and said the crime had therefore gone unpunished.
Advocate Fauzia Shakil, appearing for Soren, submitted that he would suffer grave prejudice and irreparable loss if bail was not granted.
The bench said, "Despite the horrendous crime of a double murder, we cannot close our eyes to the ordeal suffered by the accused in the last 45 years. Especially noting his medical condition and the affidavit of the State that the petitioner is admitted in the hospital, though in custody, we suspend the sentence and direct that the petitioner shall be released forthwith on condition of his not committing any crime when on bail and on his personal surety."
The bench also called for the original case records in both physical and digital form and asked the high court and trial court to send them within four weeks.
"By our earlier order, we had also directed the high court to give us a comprehensive report as to why the trial and the disposal of the criminal appeal was delayed to such an extent. An affidavit has been filed by the registrar general of the high court, which reveals a shocking pendency of criminal appeals," it said.
The bench said the registrar general had attributed the delay in the trial to the accused remaining absconding for six years. However, it said there was no explanation for the 12 years taken to complete the trial after charges were framed in 1991.
"We also notice from the report of the district and sessions judge that the case was transferred from one court to another, five times in the 11 years after the charge was framed," it remarked.
The bench listed the matter for hearing on September 18, saying it was concerned about the pendency of criminal appeals highlighted in the high court's report.
It also directed that the Union government be impleaded as a party and that a copy of the registrar general's affidavit be served on Attorney General R Venkataramani or Solicitor General Tushar Mehta.
On October 28, 2024, the high court dismissed Soren's appeal and upheld the life sentence awarded by the trial court in 2002.
The case
On October 18, 1981, Bibhuti Mandal, Banarsi Mandal, Kschir Sagar Mandal and their nephews, Jagdish Mandal and Satyanarayan Mandal, had gone to Bhurundia village in Dumka district for paddy harvesting.
According to Jagdish and Satyanarayan, who later became informants in the case, Santhal tribal people assembled near a river as the group approached, after being summoned by the beating of a drum. They were allegedly armed with bows and arrows and axes and called for members of the Mandal family to be killed.
The Mandals tried to flee but were chased.
The prosecution alleged that Jethun Soren struck Bibhuti Mandal with an arrow, followed by Simon Soren. Banarsi Mandal was also allegedly struck with an arrow by both men.
When the two men fell, Jagdish and Satyanarayan said they saw from a distance that they were hacked to death by the accused, according to the prosecution.
(With inputs from PTI)