Bombay High Court seeks explanation from trial court on why charges not framed against man arrested 5 years ago

The Bombay High Court recently called for an explanation from trial court judges in Thane and Belapur on why charges were yet to be framed against a man arrested five years ago over allegations of murder [Javed Ansari v. State of Maharashtra]..The High Court was dealing with a bail application in a murder case, wherein the trial court had earlier been asked to try and finish the trial within a year. However, on December 1, the Court was displeased to find that even charges had not been framed against the accused till date."Six months more than the period granted has expired, and surprisingly I am informed that till date, leave aside the conclusion of the trial, even the charge is not framed," the Court observed. .Justice Bharati Dangre was further informed that the trial had been transferred from a sessions judge at Thane to Belapur in Maharashtra, where the accused man was yet to be produced. She has now ordered both trial court judges to explain why the charges had not been framed and why the accused had not been produced.Justice Dangre also anticipated that Belapur trial court would explain that the case has been transferred to Thane, while the Thane court would "raise its hands" and say that it is in the process of conducting the trial..All the same, the judge has sought an explanation from the trial court judges by December 18, while expressing anguish over this state of affairs. "With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this applicant, as he has not been produced before the court and despite his arrest some five years back, the court has not even bothered to frame the charge," the Court observed..The Court added that the situation depicted a "sorry state of affairs" and deemed it fit to fix accountability on individuals instead of commenting on the huge pendency."The aforesaid situation definitely depict a sorry state of affairs, when time and again the Apex court has warned about the right of an accused and specifically right to have speedy trial ... At some or the other time, the system must fix an accountability on individuals, rather than talking about the delays in the process on account of huge pendency. An accused, who is incarcerated as an under-trial prisoner for last five years, definitely deserve an answer," the judge said. .The Court also noted that it could have ordered the release of the bail applicant on the ground of his long incarceration in jail. However, the Court opined that it was appropriate to first get an explanation on the issue from the trial court judges. .Advocates Syed Asif Abbas Naqvi with Amreen Sheriff appeared for the accused. Additional public prosecutor SR Agarkar appeared for the State..[Read order]