Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist
The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years.
The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right to a speedy trial.
“There are total 72 (Seventy two) witnesses in this case out of which only 28 have been examined in the past 17 (Seventeen) years. This Court is astound by the facts of this case. This is a clear cut case of violation of Article 21 on account of delayed trial. The trial is delayed at the stage of prosecution witnesses. The State is unable to show how the delay could be attributed to the applicant”, said the court.
Bansi Lal was arrested in 2006, accused of murdering an innocent man and falsely projecting him as a terrorist. Represented by Senior Advocate Mr. Sunil Sethi the petitioner submitted that he has been in judicial custody for the past almost 18 years and had never come out on bail except for a few months on interim bail.
Astonished at the undue delay in the proceedings, Justice Sreedharan expressed deep concern over the inordinately long trial, highlighting a violation of Article 21, which guarantees the right to life and liberty. The court noted that only 28 out of 72 witnesses had been examined in the past 17 years, placing the blame for the delay squarely on the prosecution.
"This Court is astounded by the facts of this case," Justice Sreedharan remarked, calling it a "clear-cut case of violation of Article 21 due to delayed trial." He further emphasized the state's inability to justify the delay, which could not be attributed to the accused.
Given these circumstances, the court ordered Bansi Lal's release on bail, requiring him to furnish a personal bond of Rs. 50,000 and one surety of the same amount to the satisfaction of the Registrar Judicial.
Case Title: Bansi Lal Vs UT of J&K
Citation: 2024 LiveLaw (JKL) 179