SANAT KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) What numerous agencies enjoined upon this task have failed to do has been done by the petitioner of this application in the form of a public interest petition under articles 225 and 227 of the Constitution of India. The court in Bihar - the prosecution and defence agencies and the accused thus have been quite oblivious of the benefits flowing to a juvenile accused in criminal prosecution endowed by the Juvenile Justice Act, the decision of the Supreme Court in numerous cases includinci one in Sheela Barase and another v. Union of India and others and several decisions of this court. The State of Bihar v. Ramadaras Ahir and others , TI (The State of Bihar v. Maksudan Singh , Madheshwardhari Singh and another v. The Slate of Bihar , (Krishna Bhagwanv. The State of Bihar, three of which are now subject to scrutiny by the apex court before a Constitutional Bench at the instance of the State of Bihar. There is no manner of doubt that speedy disposal is the Sine qua lion of all proceedings - Whether civil or criminal in a Court of law. Whatever the system - Roman, Anglo-Saxon, Shastriya or Shariat, the basic element in all is that a wrong doer should be indicted - tried if found guilty - punished - if found innocent delivered of his sufferings. In India delay in criminal trials has, by itself, assumed the character of punishment with all concerned - if I may say so with apology - Contributing to it. In spite of the well known legal situation, it was left to the petitioner to bring to the notice of this Court with the Amicus Curiae assistance of certain lawyers endowed with zeal and fervour to bring justice to the door of the poorest and the helpless juveniles offenders who are victims of judicial apathy and whose cases are pending in numerous courts of Bihar and are in custody or in detention or detained in large numbers beyond the period required by law. It seems that the petitioner and his counsel have heard the anguish cries of the juvenile offenders which feeling has been appropriately expressed in a couplet of Dr. Ikbal the famous philosopher and poet who saysazad Mujhko kir de o quid karne wale; Mai bejba hun quidi tu chhor ker dekhlet

(2.) It is indeed said if we may say so with apology, that inspite of numerous legal pronouncements the Courts have also not controlled the proceedings in the manner required by law and this state of affairs was not discovered and remedied in spite of continuous watch by the District Judge concerned. We have therefore, no option but to act in a drastic manner as is being done by us in this application.

(3.) By order dated 30-3-1989, we called for a list of cases from all the District Judges of Bihar pending in their districts under section 27 (3) of the Juvenile Justice Act, 1986, including the list of accused persons in the case with their ages. They have arrived from a large number of judgeships. The facts reveal horrendous and utterly shocking state of affairs in regard to such persons who may one day be the future flower of the garden of India but are about to be blighted by the indifference of our society in all sphere. This judgment is our minor contribution towards protecting the buds of our garden from withering away before they bloom. Let not society say about these boys what is said in the following couplet Phool to ek din bahare ja vidan dekhlagaya Hasrat un guncho pe hai jo bin khile murjha gaya.