RAM NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) That the curse of delays, even in the administration of criminal justice, should rise beyond the level of a twentyfive year old silver jubilee, reminds one of Shakespeare's old lament - "For who would bear the scorns of time, the oppressors' wrong..... the law's delays..." Yet it is true in our State and is epitomised by this set of thirtyfive criminal writ jurisdiction cases. Indeed, the facts in some of them read not like those of a current prosecution but as a chronicle of old history. All the petitioners herein invoke the constitutional right of speedy public trial under Art.21 and allege the most glaring infraction thereof. To avoid wasteful repetition, all these cases have to be disposed of by this common judgment as readily agreed to by the learned counsel for the parties.

(2.) The representative matrix of facts may be taken from Criminal Writ Jurisdiction Case No.325 of 1986, (Ramanuj Prasad Singh v. State of Bihar) and the briefest synopsis of others would suffice because gross and fatal" delay herein is writ large on the face of the impugned proceedings. In Cr.W.J.C.No.325 of 1986 the genesis of the crime goes back to more than twenty five years way back in March, 1961. The prosecution allegation is that on the 18th March, 1961 a railway wagon was booked from Kumardubi siding to Vikhrouli, Bombay, with iron angles and the petitioner at the material time was the Assistant Goods Clerk who had weighed the wagon and put labels thereon. The guard of the Kumardubi Engineering pilot train carried the wagon from Kumardubi Engineering siding to Barakar. However, at that place the wagon had a card labelled 'Ex Kumardubi to Patna Junction' and was thus diverted to the said station instead of Vikhrouli, Bombay. The suggestion of the prosecution is that the petitioner in collusion with others had forged a railway receipt in the name of one Ram Sagar Singh of 'Binco' Industry Co. Ltd. and one Madan Prasad Singh impersonating Ram Sagar Singh took delivery of the said goods of the wagon. It was not till the 26th May, 1962 that the Claim Prevention Inspector of Gaya railway station lodged a written report on the basis of which the first information report was registered against the petitioner and others under Ss.420, 467 and 471 of the Penal Code. After investigation the Dhanbad Government Railway Police Station submitted charge-sheet against the petitioner and others.

(3.) More than twentytwo years ago, on the 31st of October, 1964 charges were framed against the petitioner under Ss.419, 420, 468, 471 read with S. 120B of the Penal Code and the recording of the prosecution evidence started. Thereafter on the 18th June, 1966, 11th Aug.,1966 and 27th of Aug., 1966 the prosecution preferred petitions to add the charge under S.467 of the Penal Code and to commit the case to the Court of Session. This was declined by the learned Magistrate whereupon the prosecution preferred a revision against the same which was disposed of by the Sessions Judge on the 7th March, 1968 by declining to interfere with the said order. Notwithstanding that on the 30th Aug. 1969 Shri P.K. Sharan, Munsif Magistrate, first class, Dhanbad, committed the case to the Court of Session and it was later registered as Sessions Trial No.48 of 1969. The long inordinate delay of eleven or more years already compelled the petitioner to seek the transfer of the case from Dhanbad to Patna which was allowed by the High Court in 1975. Thereafter the case has lain in the archives of the Court's records and has been transferred from one Court to another till ultimately on the 29th of August, 1986 the Assistant Sessions Judge, Patna, before whom the matter is now pending, fixed 10th Nov.1986 for the appearance of the accused and ordered the issue of summons. It is the petitioner's case that the delay and procrastination of twentyfive years or more has led to the loss and mutilation of records and even if the petitioner appears there is no hope of the trial commencing in the near future.