Dismissal of charges is the only possible remedy where speedy trial has been denied to the accused facing proceedings in the L.N. Mishra murder case for 37 years, senior counsel T.R. Andhyarujina argued in the Supreme Court on Thursday.
Counsel did not accept the suggestion, made by a Bench of Justices H.L. Dattu and C.K. Prasad on Wednesday, that it would ask the trial court to complete the proceedings in three months.
Mr. Andhyarunina said: “The consequences of violation of the fundamental right to speedy trial would be that the prosecution itself is liable to be quashed…”
The then Railway Minister was killed in a bomb blast at the Samastipur railway station in Bihar on January 2, 1975. The trial of the case was transferred from Samastipur to Delhi in 1979 on an application moved by the then Attorney- General. The charge sheet was filed against several people including advocate Ranjan Dwivedi and Sudevananda Avadhuta. However even after 33 years the case is yet to conclude in the sessions court.
The Bench told counsel it would scrutinise the aspect of delay after 1991, as the Supreme Court had in 1991 said the prosecution was not responsible for the delay.
“If we come to the conclusion that the delay was due to the prosecution, then it will be held in favour of the accused and if we find that the delay was due to the accused, then the accused will be held to be at fault. Also if we come to the conclusion that delay was due to the system, then everyone is to be held responsible.”
Additional Solicitor-General Harin Raval, appearing for the Central Bureau of Investigation, argued: “Mere delay [in trial] per se could not be a ground for quashing of charges and criminal proceedings,” he said and asked the court to allow the trial to reach its logical end.
Arguments will continue on July 31.
via The Hindu Newspaper http://www.thehindu.com/news/national/article3688644.ece
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