New Delhi, Sept. 8: The Supreme Court today expressed shock at non-framing of charges in the 19-year-old murder of an Uttar Pradesh MLA, with the two-judge bench observing that such delay happens only in the north.
Jawahar Pandit, the then Samajwadi Party MLA from Jhansi, was killed on August 13, 1996, and sitting BSP MLC Suraj Bhan Karwarriya is an accused in the murder. No charges have been framed yet.
"It never happens in south. It is done in two months. It happens only in north. Last night I was surprised while going through the papers that for 20 years charges have not been framed," Justice C. Nagappan observed while refusing to grant bail to Karwarriya.
"Look at it from the institutional angle. In south India it happens (framing of charges) in two months. These things (delay).... it happens only in north India," the judge further said.
A magistrate frames the charges against the accused upon receipt of the chargesheet from police. In this case the police filed the chargesheet in 2004, eight years after the crime.
Karwarriya was sent to the jail in April this year by a sessions court in Uttar Pradesh after Allahabad High Court vacated a stay on the police chargesheet. The high court had imposed the stay in 2005 on a petition by some of the accused that they were being falsely implicated in the murder for political reasons.
The two-judge apex court bench of Justices M.Y. Eqbal and Nagappan was hearing Karwarriya's appeal for interim bail.
Senior counsel and former additional solicitor general Sidharth Luthra, appearing for Karwarriya, argued that he should be released to allow him to attend to his ailing mother since two of his brothers were also in judicial custody in the same case.
However, the bench said: "Once you are out on bail, then the hearing on the framing of charges slated to commence from September 11 would not take place.
"Why so much delay in the framing of charges. If one of you is absent then it (framing of charges) can't proceed."
Framing of charges under Section 228 CrPC requires the presence in court of all those against whom charges are being framed.
The counsel for the slain Jawahar Pandit's family opposed grant of bail, saying the accused were politically powerful and would influence the course of trial by intimidating witnesses.
The court later adjourned the matter till September 15, by which time the trial court is expected to conclude framing of charges.
After framing of charges, the formal trial commences.