Summary
On the CBI’s application to modify an earlier trial-expedition order, the Supreme Court required completion of the particular investigation within two months, commencement of trial by 10 July 2018 and completion by year-end. The detained accused could seek bail afresh in accordance with law. The Court also directed Home Ministry consultation, data collection and an action plan on delayed investigations. It recognised speedy investigation under Article 21 while declining a universal mandatory outer limit for all investigations.
Issues
- How prolonged further investigation affected the custody and trial timetable in this case.
- What systemic measures should address unduly delayed investigations.
- Whether a uniform mandatory outer time limit was appropriate.
Held
- Speedy investigation is part of fair procedure under Article 21. The CBI could not rely on a voluminous task without explaining progress, the need for more time and the expected duration, after already holding the matter for over a year and a half. (¶¶ 3, 4, 5)
- In view of the accused’s custody exceeding two years, the CBI had to complete investigation within the next two months so trial could commence by 10 July 2018 and conclude by year-end. The accused, if still detained, could apply afresh to the trial court for bail; bail was not granted by this order. (¶ 5)
- Assessment of unconstitutional delay depends on the offence, accused and witnesses, institutional workload and systemic factors. A universal mandatory outer limit was neither advisable nor feasible, but internal oversight, timelines and accountability were needed to avoid undue delay. (¶¶ 6, 7, 8)
- The Union was impleaded and the Ministry of Home Affairs directed to consult Central and State investigating agencies by 31 May 2018. An appropriate committee was to examine the resulting points and could report by 30 June 2018. (¶ 9)
- The Ministry was to place data on investigations pending beyond one year and an action plan for completion, obtaining corresponding State information as well. Systemic consideration remained pending for 3 July 2018. (¶ 9)
Result
Application disposed of as to the case-specific investigation, trial timetable and liberty to seek bail. Broader issues of investigation timelines, oversight and pending-case data retained for consideration on 3 July 2018.