R D UPADHYAY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This public interest petition under Art. 32 of the Constitution of India has been filed by Mr R.D. Upadhyay, an Advocate of this court. It has been highlighted in the petition that a large number of undertrial prisoners have been languishing in Tihar Jail without trial for a very long period. This Court by the order dated 7.11.1994 directed the Superintendent Tihar Jail to file an affidavit giving a list of undertrial inmates of the jail who are confined for over a period of one year. Shri Tarsern Kumar, Superintendent, Central Jail, Tihar has filed an affidavit dated 9.2.1996 and has annexed a list giving jailwise break-up of undertrials who have spent more than one year at central Jail, Tihar, Delhi as on 25.1.1996. The list indicates that there are undertrial prisoners who are in jail for a period ranging from one year to 11 years. Mr Srivastava, learned counsel appearing for the NCT, Delhi has categorised the list of undertrials offence wise. The total cases categorised by Mr Srivastava have come to 1930. The list is as under:<STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> <FRM>JUDGEMENT_422_3_1996_1.html</FRM>

(2.) We have heard learned counsel for the parties. The learned counsel agree that a speedy trial is guaranteed as a Fundamental Right under Art. 21 of the Constitution of India. So far as 880 murder cases are concerned, we request the Delhi High court to nominate / designate ten Additional District Judges to take up exclusively the trial of these cases. The High court may consider directing the Additional District Judges, as nominated, to dispose of these cases within a period of six months or so.

(3.) So far as the cases regarding attempt to murder are concerned, we direct that the cases which are pending for more than 2 years, the undertrials shall be released on bail forthwith to the satisfaction of the respective trial courts. Persons facing trial for Kidnapping, Theft, Cheating, Arms Act, Counterfeiting, Customs, under Section 326 Indian Penal Code, under Section 324 Indian Penal Code, Riots and under Section 354 Indian Penal Code who are in jail for a period of more than one year, shall be released on bail forthwith to the satisfaction of the trial courts concerned. There may be cases where the undertrial persons may not be in a position to furnish sureties etc. In those cases, the trial courts may consider - keeping in view the facts of each case especially the period spent in jail - releasing them on bail by furnishing personal bonds.