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R.D Upadhyay v. State Of A.P And Others
Factual and Procedural Background
This public interest litigation was filed under Article 32 of the Constitution by Advocate R.D. Upadhyay, drawing the Court’s attention to the large number of undertrial prisoners who had been confined in Tihar Jail for extended periods without the commencement or completion of their trials. In response, the Supreme Court directed the Superintendent of Tihar Jail to submit an affidavit listing all inmates who had been in custody for more than one year. The affidavit, dated 9-2-1996, revealed 1,930 such undertrials, with periods of incarceration ranging from one to eleven years. Offence-wise categorisation of these cases was furnished to the Court, prompting the present order directing expeditious trials and conditional release on bail.
Legal Issues Presented
- Whether the prolonged pre-trial detention of undertrial prisoners in Tihar Jail violates their fundamental right to a speedy trial guaranteed under Article 21 of the Constitution of India.
- What immediate judicial and administrative measures are necessary to secure the expeditious trial or release on bail of these undertrial prisoners.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court recorded the undisputed legal position that a speedy trial is a fundamental right under Article 21. Accepting the empirical data supplied by the Superintendent of Tihar Jail and the offence-wise classification prepared by counsel for the NCT of Delhi, the Court fashioned different remedial measures:
- Murder cases (880 in number): The Court requested the Delhi High Court to designate ten Additional District Judges exclusively to try these cases, with an expectation of disposal within approximately six months.
- Attempt to murder cases pending for more than two years: Directed that undertrials be released on bail forthwith, subject to the satisfaction of the respective trial courts.
- Kidnapping, Theft, Cheating, Arms Act, Counterfeiting, Customs offences, Sections 326, 324, 354 IPC, and Riots: Ordered release on bail of all undertrials who had spent more than one year in custody. Trial courts were authorised to accept personal bonds where sureties could not be furnished.
- Automatic Consideration: The Court emphasised that no formal bail applications were necessary; the trial courts were to act suo motu on the strength of the Supreme Court’s order within two weeks of its receipt.
- Administrative Coordination: Copies of the order were directed to be sent to the District & Sessions Judge, Delhi, and to the Superintendent of Tihar Jail for prompt implementation and for informing affected undertrials.
- Remaining Categories (NDPS, Rape, Dacoity/Robbery, TADA, Dowry, Section 304 IPC, Official Secrets Act, Escape, Extradition Act): The Court left it to the National Capital Territory administration to examine and decide on appropriate action, noting that deliberations were already underway.
Holding and Implications
The Supreme Court directed the expedited trial of 880 murder cases by specially designated judges and ordered the immediate, suo motu release on bail of specified categories of undertrials who had endured prolonged detention.
Implications: The order affords immediate relief to hundreds of undertrial prisoners in Tihar Jail and mandates systemic measures—special courts and automatic bail consideration—to uphold the constitutional guarantee of a speedy trial. While it reinforces existing jurisprudence under Article 21, the decision primarily functions as an administrative directive tailored to the circumstances of Tihar Jail rather than establishing a new legal precedent.
Order
1. This public interest petition under Article 32 of the Constitution of India has been filed by Mr R.D Upadhyay, an Advocate of this Court. It has been highlighted in the petition that a large number of undertrial prisoners have been languishing in Tihar Jail without trial for a very long period. This Court by the order dated 7-11-1994 directed the Superintendent Tihar Jail to file an affidavit giving a list of undertrial inmates of the jail who are confined for over a period of one year. Shri Tarsem Kumar, Superintendent, Central Jail, Tihar has filed an affidavit dated 9-2-1996 and has annexed a list giving jailwise break-up of undertrials who have spent more than one year at Central Jail, Tihar, Delhi as on 25-1-1996. The list indicates that there are undertrial prisoners who are in jail for a period ranging from one year to 11 years. Mr Srivastava, learned counsel appearing for the NCT, Delhi has categorised the list of undertrials offencewise. The total cases categorised by Mr Srivastava have come to 1930. The list is as under:
S. No. Name of Offence Total Cases 1. Murder 880 2. Attempt to Murder 89 3. N.D.P.S 264 4. Rape 137 5. Kidnapping 68 6. Dacoity and Robbery 188 7. TADA 122 8. Dowry and Section 304 IPC 74 9. Theft 55 10. Cheating 10 11. Arms Act 18 12. Counterfeiting 6 13. Official Secrets Act 8 14. Customs 1 15. Escape 1 16. Under Section 326 IPC 2 17. Under Section 324 IPC 1 18. Riots 3 19. Extradition Act 1 20. Under Section 354 IPC 1 Total Cases 1930
2. We have heard learned counsel for the parties. The learned counsel agree that a speedy trial is guaranteed as a Fundamental Right under Article 21 of the Constitution of India. So far as 880 murder cases are concerned, we request the Delhi High Court to nominate/designate ten Additional District Judges to take up exclusively the trial of these cases. The High Court may consider directing the Additional District Judges, as nominated, to dispose of these cases within a period of six months or so.
3. So far as the cases regarding attempt to murder are concerned, we direct that the cases which are pending for more than 2 years, the undertrials shall be released on bail forthwith to the satisfaction of the respective trial courts. Persons facing trial for Kidnapping, Theft, Cheating, Arms Act, Counterfeiting, Customs, under Section 326 IPC, under Section 324 IPC, Riots and under Section 354 IPC who are in jail for a period of more than one year, shall be released on bail forthwith to the satisfaction of the trial courts concerned. There may be cases where the undertrial persons may not be in a position to furnish sureties etc. In those cases, the trial courts may consider — keeping in view the facts of each case especially the period spent in jail — releasing them on bail by furnishing personal bonds.
4. We make it clear that it shall not be necessary for any of the undertrials to move application for bail. The court shall, suo motu, on the authority of this Court's order, consider the bail cases. This shall be done by all the courts concerned within two weeks of the receipt of this order. We give liberty to all concerned to approach this Court for further directions, if necessary.
5. A copy of this order be sent to the District & Sessions Judge, Delhi by tomorrow. He shall issue the necessary directions in this respect to all the courts functioning under his jurisdiction. A copy of this order be also sent to the Superintendent, Tihar Jail with a direction that he shall bring this order to the notice of all the undertrials concerned.
6. So far as the undertrials accused of the offences under NDPS, Rape, Dacoity and Robbery, TADA, Dowry and under Section 304 IPC, Official Secrets Act, Escape and Extradition Act are concerned, the NCT — Delhi Administration may consider and take appropriate decision in this respect. We are informed by Mr N.N Goswami that the matter is already under consideration of the NCT, Delhi Administration.
7. Copy of this order may be sent to the Chief Justice Delhi High Court for his kind consideration.
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