Murder case: SC agrees to hear plea by three convicts who are in custody since 2004
The Supreme Court Monday agreed to hear a plea filed by three convicts, who are serving a life term in Uttar Pradesh in a murder case, seeking bail on the ground that they have been in jail for over 17 years.
A bench of justices A M Khanwilkar and C T Ravikumar asked the Uttar Pradesh government to respond to the petition which said that appeals filed by the petitioners challenging their conviction in the case are pending before the Allahabad High Court since 2006.
Advocate Rishi Malhotra, appearing for the petitioners, said that these convicts have undergone 17 years and six months of actual custody.
The bench asked Malhotra to serve the copy of the petition to the standing counsel for Uttar Pradesh and posted the matter for hearing on October 25.
“Speedy trial though not specifically enumerated as a fundamental right is implicit in the broad sweep and content of Article 21 and no procedure which does not ensure a reasonably quick trial can be regarded as just and fair and would fall foul of Article 21,” the plea said.
It said timely delivery of justice is a part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice.
The plea said that three petitioners, who are presently lodged in Agra jail, were arrested in connection with the case in February 2004.
It said they were convicted by the trial court in August 2006 for offences punishable under various sections of the Indian Penal Code, including 302 (murder), and were sentenced to life imprisonment.
The plea said the petitioners had filed their appeals in 2006 before the high court which is still pending.
The instant writ petition under Article 32 of the Constitution would demonstrate a very glaring fact and very sorry state of affairs in the state of UP wherein the petitioners or similarly placed convicts have already undergone their sentence of imprisonment and yet, are not released either in bail or by the concerned state government by way of premature release for the reason that their statutory criminal appeals against their conviction are pending before the high court, the plea said.
It said considering the period of custody, the petitioners be released on bail pending their appeals before the high court.
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