The Supreme Court on January 8 (Thursday) asked all high courts to promptly take up cases where trials in heinous offences have been stayed because of interim orders passed by them.
The top court was expressing concern over a criminal revision remaining pending for over 23 years because of an interim order and named murder, rape and dowry deaths as some of the heinous crimes.
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What the SC bench said
"If criminal trials in such serious offences remain pending for years together on the strength of interim orders passed by the High Courts, it would lead to nothing but mockery of justice. Justice has to be done with all the parties. Justice cannot be done only with the accused persons. Justice has to be done even with the victim and the family members of the victim. Injustice anywhere is a threat to justice everywhere," observed a bench of Justices JB Pardiwala and KV Viswanathan, according to a Live Law report.
The bench requested “the Chief Justices of all the High Courts to ensure that the petitions wherein interim orders are passed holding up the trials should be immediately taken up for hearing, more particularly in sensitive and serious matters like murder, dowry death, rape etc".
Case stems from...
The case stemmed from a woman's death within a year of her marriage. An FIR was filed in 2002 alleging dowry harassment and murder. While charges were framed in 2002, trial was stayed in 2003 because of a criminal revision in Rajasthan High Court. However, trial remained pending for about 20 years until finally taken up for hearing in 2023 before being dismissed in 2025 which prompted the accused to knock the Supreme Court.
According to Live Law, the bench dismissed the appeal and termed it "very disturbing". "What we are about to record is something very painful. Who is responsible, only a detailed inquiry at our end will decide," the bench remarked.
The apex court expressed shock over the delay by Rajasthan High Court which kept trial pending for nearly 20 years.
"We would also like to know from the Registrar General of the High Court as to how many Criminal Revision Petitions came to be heard and disposed of between 2001 and 2026. We want the High Court to provide us with a break up of how many criminal revision petitions were filed in the year 2001 and how many came to be disposed of. We want this break up right up to the year 2026," the court added.
According to Live Law, the top court criticised the Rajasthan government for keeping quiet and not taking any steps to get the Criminal Revision Petition heard and decided on merits.
The matter is next listed for hearing on January 15.
