SC rules delay renders “ineffective” justice, erodes evidence

Supreme Court has ruled that delay in justice delivery system will render ineffective justice and it is also ill founded as it would lead to erosion of evidence. Justices Pinaki Chandra Ghose and R K Agarwal said after observing a case that was brought before them, where Apex Court set aside the decision that was passed by Madhya Pradesh High Court in relation to a corruption case lodged in 1998. Any delay that happens in pre-trial stage will leave justice ineffective and it also leads to erosion of evidences.

In 2007 Madhya Pradesh High Court had discharged 3 persons who were employees of Indore Municipal Corporation when they were charged on graft request and charges were framed earlier by trial court. Appeal was made by State government to drop the charges that were made against Rakesh Mishra and Gyanendra Singh Jadonand Sajid Dhanani a businessman the accused persons in the case.

Supreme Court asked the lower court to conduct the trial in expeditious manner and further expressed the disappointment with regard to such extended litigation at pre-trial stage itself. Supreme Court said that the criminal appeals against them were allowed and that the order which was passed by High Court was set aside and order of Additional Sessions Judge framing charges was restored. Apex court said “Although we do not wish to comment on the merits of the case as this is the pre-trial stage, yet we are of the view that there exists sufficient material to make out a prima facie case against the accused”.

An FIR was filed against Dhanani, who was a MD of Sayaji Hotel in Indore, Gyanendra Singh Jadon and Rakesh Mishra alleging they hatched a criminal conspiracy for illegal grant of building certificate and completion certificate of hotel. Hotel Management had given Jadon and his family members a free lifetime “honorary membership” in the Sayaji Club as illegal gratification.

by Sushma Javare.