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13 May 2025, 10:42 AM
After the Supreme Court took notice of the issue, the Jharkhand High Court recently delivered verdicts on four criminal appeals, which were reserved for nearly three years. The High Court acquitted the four convicts, who were lodged at Birsa Munda Central Jail for over a decade.
The appeals of the convicts were heard and reserved by the High Court about 2-3 years back, but the orders remained to be pronounced. The convicts therefore filed a writ petition before the Supreme Court. After the Supreme Court issued notice on the present writ petition and called for a report from the Registrar General of the High Court, the High Court acquitted 3 convicts and gave a split verdict in the case of the 4th. Albeit, all 4 convicts were directed to be released forthwith.
Notably, the convicts belonged to the Scheduled Tribes/Other Backward Classes communities and were sentenced to rigorous imprisonment for life. While three were convicted for murder, one faced conviction for the charge of rape. Out of the four, one convict had been in jail for over 16 years, while the others had also undergone actual custody period of 11-14 years.
A bench comprising Justices Surya Kant and NK Singh dealt with the matter. Today, it was informed of the developments by Advocate Fauzia Shakil (for the petitioners), who claimed that though petitioners were directed to be released forthwith, only 1 had been released from jail while the others continued to remain lodged despite a lapse of about 7 days (since pronouncement of the verdicts).
In response, the bench asked if the same was due to the judgments not being uploaded. However, Shakil replied that the reason remained unknown, despite constant follow-ups. As such, the bench turned to the State counsel, who sought time to obtain instructions. Telling her to ensure that the petitioners are released today itself, the bench listed the matter at 2 pm for the state to furnish a compliance report.
At 2 pm, the bench was informed that all 4 convicts had been released. The State counsel explained that the hold-up in case of 3 convicts was owed to release orders not reaching the jail authorities. Shakil, on her part, thanked the Court for its indulgence and pointed out that on the last date, Jharkhand State Legal Services Authority was asked to provide legal assistance to 10 similarly-placed convicts so that appropriate proceedings can be initiated on their behalf.
Considering that the issues raised are of paramount importance and would require a deeper analysis, the Court indicated an inclination to lay down mandatory guidelines so that trust and faith in the legal justice system is maintained.
Background
As per averments made in the petition, the convicts are lodged in Birsa Munda Central Jail, Hotwar, Ranchi. They had filed criminal appeals challenging their convictions before the High Court of Jharkhand in Ranchi. The judgments were reserved in 2022, but even till date, the High Court has not pronounced the decisions.
The petitioners aver that the non-pronouncement of the judgments violates their right to life and personal liberty under Article 21 of the Constitution, a facet of which is the 'right to speedy trial'.
Previously, taking serious view of the matter, the Court called on the Registrar General of the High Court to submit a status report regarding the reserved judgments in a sealed cover. It also issued notice on applications preferred by the convicts for suspension of sentence, after it was submitted on their behalf that they can't apply for remission since judgments have been reserved by the High Court.
Subsequently, expressing concerns over the delay in pronouncing judgments, the Court directed the Registrar Generals of all High Courts to submit a report on cases where judgments are still not pronounced despite reserving them on or before January 31, 2025.
Case Title: PILA PAHAN@ PEELA PAHAN AND ORS. Versus THE STATE OF JHARKHAND AND ANR., W.P.(Crl.) No. 169/2025