Supreme Court Takes Action Against Delayed Framing of Charges in Criminal Trials

New Delhi:

The Supreme Court has expressed its intention to establish nationwide guidelines to address the concerning issue of delayed trials, emphasizing that trial courts must adhere to specific timelines for framing charges.

During proceedings on Wednesday, the apex court informed Solicitor General Tushar Mehta, representing the federal government, that it had observed significant delays—some extending up to three years—before charges are formally filed in criminal cases.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria highlighted that the recently implemented criminal laws mandate charge framing within 60 days of the initial hearing, stating, "We want to provide some guidance."

The Supreme Court emphasized that once a chargesheet is submitted, charges must be promptly framed, and any discharge proceedings, if necessary, should be conducted without delay.

Solicitor General Mehta affirmed his willingness to assist the court in this matter. Additionally, the court appointed senior advocate Sidharth Luthra as amicus curiae to provide expert assistance.

This issue emerged while the court was hearing a criminal case where the petitioner highlighted that charges had not been framed despite the accused being incarcerated for two years.

"Why should framing charges take years? In civil cases, it's non-framing of issues, and in criminal cases, non-framing of charges. We need to understand the challenges... or we will issue directives applicable to all courts nationwide. We intend to do this," the judges remarked.

The discussion occurred after the court completed hearing an appeal from Gitanjali Angmo, wife of Ladakhi activist Sonam Wangchuk, seeking permission to amend prayers filed for her husband's release.

The court granted her request and directed the federal government and Ladakh administration to respond to her revised prayers.

Wangchuk was detained by authorities following pro-statehood demonstrations in Ladakh last month, with the government holding him responsible for subsequent violence.

During yesterday's proceedings, legal representatives from Bihar and Maharashtra acknowledged frequent delays between chargesheet filing and charge framing. Maharashtra's counsel referenced an October 8 order from another bench describing the "shocking state of affairs" upon discovering 649 cases pending across the state's district and lower courts.