SC slams 45-year-long litigation in murder case

The Supreme Court has directed the release of a 70-year-old man by suspending his sentence as it termed the nearly half-century-long litigation in a double-murder case from Jharkhand a “failure of judicial system.” 

A bench of Justices JB Pardiwala and K Vinod Chandran also questioned the period of over two decades taken by the Jharkhand High Court for deciding the appeal filed by accused Simon Soren, who is undergoing treatment at 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. There was a double murder incident in Dumka in 1981. Six individuals were arrayed as accused in the case. The court noted that out of the six, two accused died before the framing of the charges and 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 Simon Soren has altogether spent only two years, four months and 12 days in custody and hence the crime has gone unpunished. 

Advocate Fauzia Shakil, appearing for Simon Soren, submitted that he would suffer grave prejudice and irreparable loss if bail is not granted to him. 

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 requisitioned the original record of the case in physical as well as digital form with a request to the High Court and the trial court to send it 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 HC, which reveals a shocking pendency of criminal appeals,” it said.

The bench said the registrar general said the delay in trial was because the accused were absconding for six years, but there is no explanation for the 12 years it took for the trial to be completed when the charges were framed in the year 1991. "We also notice from report of district and sessions judge that case was transferred from one court to another, five times in 11 years after charge was framed," it remarked.