The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, and whether the paper-book has been prepared...
The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, and whether the paper-book has been prepared or not.
Chief Justice N. V. Ramana also clarified that if the affidavit is not filed by Friday, the court would require the Home Secretary of the state to appear in person.
The bench. also comprising Justices Surya Kant and Hima Kohli, was hearing an SLP against a February 2018 order of the Allahabad High Court denying bail to the SLP petitioner in an appeal, instituted in 2016, against his conviction under section 302 IPC, where the cause of death of the wife of the petitioner was burn injuries.
On Wednesday, the bench had asked the advocate for the respondent-state about the appeal being pending from 2016 and the petitioner languishing in jail.
When the state counsel responded that it is the petitioner at whose instance repeated adjournments have been sought before the High Court, the bench asked him to indicate the same from the records of the case.
CJ Ramana observed sternly, "The state's statements must have some credibility! Irresponsible statements cannot be made! Otherwise tomorrow onwards, we will not believe your statements!"
Dictating its order, the bench recorded that while it is the submission of the respondent-state that the petitioner has been taking repeated adjournments, the petitioner has denied the same. Listing the matter on Friday, the bench ordered that until then, an affidavit shall be filed by the state of UP through a responsible officer in its Home department indicating how many times the matter was listed before the High Court, whether it reached for hearing or not, how many times an adjournment was sought by the petitioner (appellant before the High Court) and whether the paper-book in the matter is prepared or not.
"If you don't file by day after tomorrow, the home secretary will appear personally", added the CJ.
Case Title: Pintu Saini v. State of Uttar Pradesh
Click Here To Read/ Download Order