The Supreme Court of India emphasized the importance of the liberty of detained individuals, noting that while states often vehemently oppose bail applications, they fail to take appropriate measures to expedite judicial proceedings, despite repeated rulings by the apex court on the fundamental right of the accused to a speedy trial.
Recurrence of Judicial Process Issues
After the court fined SP Amritsar 50,000 rupees for Punjab failing to ensure the timely presentation of the accused in court to speed up the process, while simultaneously objecting to his bail application despite prolonged detention, the bench of Justices Ahsanuddin Amanullah and Sheila Nagu found similar shortcomings in Maharashtra.
Court Condemns Negligence
The bench expressed disapproval of the negligence that undermines the right to a speedy trial. The court stated: 'Every day we receive such cases from Maharashtra—vehement opposition to bail, but no steps taken to accelerate the process. When we hear the case, the evidence is weak. We will publicly expose you (the state). '
Details of Kelvin Chindozie Okoro's Case
The accused, foreign national Kelvin Chindozie Okoro, had been in prison for four years. Out of 34 witnesses, only two have been examined so far. He was arrested in May 2022 on charges of kidnapping and murder. The High Court twice rejected his plea for bail—in June 2024 and March of this year.
Okoro reported being detained for four years, and his case was scheduled for 86 dates in the trial court, yet he failed to appear in court 53 times.
Supreme Court's Demands
The court ruled that it would not grant bail on the merits of the case but noted a serious lapse on the part of Maharashtra regarding the failure to present the accused in court on every hearing date. Referencing repeated Supreme Court decisions on the fundamental right of the accused to a speedy trial, the court expressed dismay. It observed: 'We feel embarrassed. Only two out of 34 witnesses have been examined in four years. This aspect has concerned the court for some time. When a state vehemently opposes bail applications, it is obligated to conduct the trial smoothly, but this is not happening.'
When the Maharashtra lawyer stated that the state had previously made lapses but had now achieved a 100% rate in presenting the accused in court on every hearing date, the Supreme Court pointed out that this is a problem prevalent across India. The court demanded: 'States must develop specific policies to expedite judicial processes.'
In the case of Punjab, the bench led by Justice Amanullah noted: 'At least four witnesses should be examined per week, and a protocol of this order should be submitted to the trial court. If such cases are brought to our attention in the future, similar strict orders will be passed.'