Supreme Court concerned over political influence, revives murder trial against former MLA
The Supreme Court on Friday highlighted concerns of prolonged delays and potential political influence affecting the justice system, as it revived the trial of Chhote Singh, a former BSP MLA currently with the BJP, in a three-decade-old double murder case.
The judgment by a bench of justices Vikram Nath and Satish Chandra Sharma underscored the systemic issues within the judicial process, particularly the undue influence wielded by powerful individuals which often leads to significant delays in legal proceedings.
“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings. The undue influence wielded by powerful individuals further exacerbates the situation, raising concerns about fairness and impartiality…This underscores the urgent need to address systemic flaws and ensure timely resolution of legal disputes,” held the bench.
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The court expressed its concerns as it overturned the Uttar Pradesh government’s 2008 order to withdraw Singh’s prosecution, noting that merely because an accused person is elected to the legislative assembly cannot be a testament to their image among the general public.
“Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on the ground of good public image of an accused named in the charge sheet after thorough investigation. Contrary to the trial court’s view (in 2012), such withdrawal cannot be said to be allowed in the public interest. This reasoning cannot be accepted especially in cases of involvement of influential people,” held the judgment, authored by justice Nath.
Criticising the Allahabad high court in its judgment, the bench regretted that by allowing the accused persons to deploy dilatory tactics to delay their trial, the high failed to ensure that the justice system is set in motion and is not halted due to the lamentable spectre of political influence.
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It also directed the high court to immediately send back the original records to the trial court in Jalaun “for expeditious conclusion of the criminal trial which has been pending for almost three decades now.”
Singh, along with nine others, are accused of shooting dead Jagdish Sharan Srivastava and Rajkumar in May 1994. Singh got elected in 2007 as an MLA from BSP, which came to power and decided to withdraw prosecution against all 10 accused in the case. In 2012, the trial court allowed the state’s application with respect to Singh but continued the trial of other accused. The victims’ families approached the high court against the withdrawal of sanction while the co-accused also moved the high court assailing the trial court’s decision to go on with their trial. The matter remained pending with the high court since 2012, keeping the trial in limbo.
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The judgment highlighted the troubling circumstances where politically influential individuals, accused of a double murder in broad daylight, managed to evade trial for almost thirty years.
“It is evident from the trial court’s order dated 19.05.2012 that political power has been leveraged to secure the withdrawal of prosecution of accused Chhote Singh…This order being challenged by both, accused persons and the victims, has remained pending before the high court for twelve years and the resultant stagnation in trial proceedings is deeply troubling,” stated the bench.
The Supreme Court was firm in its stance that merely being an elected official should not shield an individual from prosecution, especially in cases involving serious crimes like double murder. Reinstating Singh’s trial, it criticised the trial court’s reasoning that allowed the withdrawal of Singh’s prosecution based on his public image.