The 62nd court hearing for the Jharkhand cases against me was held on April 15, 2023 though the charge sheet had been filed in November 2018. While I was in jail, court dates were given every 14 days. This time it was given after two months.
Once again no witness came despite which the judge was not willing to act on the closure petition moved a year back. At the last 
court date on February 24 the judge had issued a Direct Order (DO) to the Director General of Police, but apparently this was not processed by the court clerk. Though such an action would be tantamount to contempt of court, the judge merely said he would not close the case but would serve the DO again. Neither the judge nor my lawyer suggested taking any action against the court clerk.
Having already moved the Jharkhand High Court, I suggested that it monitor my case and take steps against the judge and/or court clerk for this wanton delay. I had moved the High Court because the entire case is based on a supposed confession before the Delhi police which is not admissible in court as per the Evidence Act. Since the Delhi court has rejected it in its judgment, what standing does this confession have? Besides, during this entire period only two witnesses have come forward; one was declared hostile while the other made no mention of me in his statement.
We have sought to assert our right to a speedy trial in the High Court. This case pertains to an action that took place in 2006. Since 2009 I have spent 10 years in jail after which another four years have elapsed, but the case drags on. How much longer? Not only does such a slow process take an enormous toll on my health and finances but it also entails massive waste of government resources.
Day in and day out the Supreme Court reiterates a citizen’s right to a speedy trial, but it takes no action when this is ignored by the lower courts.
KOBAD GHANDY
kobad1947@gmail.com