NEW DELHI: Expressing strong displeasure over the inordinate delays in the framing of charges against the accused, the Supreme Court on Wednesday said it needs to frame pan-India guidelines to address the problem.
A bench of Justices Aravind Kumar and N V Anjaria said that even after the chargesheets are filed, the trial court takes three to four years merely to draft issues, it added.
Once a chargesheet is filed, the charge must be framed promptly. And if the trial court thinks otherwise, and considers the accused innocent, then the discharge proceedings must take its natural course if required, the bench stressed.
“We have noticed, time and again, the charges are not being framed even months and years after the filing of the chargesheet. This is one of the primary reasons for the trial getting delayed. Unless and until the charges are framed in a criminal case, the trial cannot commence. As such, this situation seems to be prevalent in most of the courts and we are of the considered opinion that certain directions need to be issued pan-India in this regard,” the bench observed.
The SC was hearing a bail application filed by one Aman Kumar who is languishing in jail since August 2024 as an undertrial in a case of robbery and attempt to murder.
On September 30, 2024, the police filed its chargesheet in the case but no charges could be framed prompting the court to ask why no charges were framed despite the delay.
In this regard, the court appointed senior advocate Sidharth Luthra as amicus curiae. “We also permit the petitioner’s counsel to furnish a copy of the petitioner and the present order to the Attorney General as we propose to issue directions if required for all courts across the country,” the bench said as it listed the matter after two weeks.
The court also requested senior lawyer, Nagamuthu and Solicitor General Tushar Mehta to assist in the matter.
Taking one step ahead, the court further directed that the case papers be sent to the Attorney General, as it may consider issuing directions applicable to all courts.
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