Delay in Bellary trial a ‘travesty of justice’, says SC

The Supreme Court on Wednesday said that the 12-year delay in proceeding with the trial against former Karnataka minster Gali Janardan Reddy in a serious offence involving illegal mining amounts to “travesty of justice” and demanded a report from the trial judge on why the matter has not proceeded despite a clear direction from the top court a year ago to expedite the trial

The Supreme Court on Wednesday said that the 12-year delay in proceeding with the trial against former Karnataka minster Gali Janardan Reddy in a serious offence involving illegal mining amounts to “travesty of justice” and demanded a report from the trial judge on why the matter has not proceeded despite a clear direction from the top court a year ago to expedite the trial.

Posting the matter for September 20, the bench ordered the registry of the Supreme Court to call for a report in a “sealed cover” from the concerned principal session judge. (HT Photo)

“Not to proceed further with the trial with respect to very serious offences alleged cannot be permitted and it is nothing but travesty of justice,” said a bench of justices MR Shah and Krishna Murari. The court said, “It is very unfortunate that the trial in CC No. 1 of 2012 pending before the principal special judge for CBI cases, Hyderabad …. has not proceeded further even after a period of 12 years.”

Posting the matter for September 20, the bench ordered the registry of the Supreme Court to call for a report in a “sealed cover” from the concerned principal session judge to know the stage of trial and the reason why the trial did not proceed in the matter.

The court was considering a petition filed by Reddy seeking modification of bail conditions imposed by the Supreme Court while granting bail to the Bellary-based Reddy in January 2015. Reddy is an accused in the illegal mining case being probed by the Central Bureau of Investigation (CBI) since 2009. One of the conditions for bail which required him to keep away from Bellary in Karnataka and neighbouring districts of Ananthpuram and Cudappah in Andhra Pradesh was relaxed by the top court on August 19, 2021.

By the same order, the court specifically directed the trial to be expedited. However, the top court was informed by CBI on Wednesday that there was no further progress in the trial. Additional solicitor general (ASG) Madhavi Divan pointed out that one of the witnesses had filed a complaint on September 2 that he is being threatened by the petitioner (Reddy).

In an affidavit filed last week, CBI told the top court, “The hearing of the matter before the trial court is abnormally delayed due to the petitions being filed by the accused persons from time to time.” Besides Reddy, there are eight other accused facing trial in the case which include former ministers and bureaucrats.

Citing the September 2 complaint of intimidation faced by a case witness, the CBI said, “If this court directs the accused to stay in Bellary relaxing the bail conditions, there is every reason to apprehend that accused would intimidate and create a sense of insecurity among the witnesses in this case.”

Senior advocate Ranjit Kumar appearing for the petitioner told the court that during the period of bail, he visited Bellary several times but not once has the police reported any threat or intimidation faced by witnesses. The bench remarked, “That is because Bellary is your hometown. Police will not report against you. CBI is the complainant in this case.”

Following SC order of August 2021 granting Reddy permission to enter and stay in Bellary, the CBI is seeking cancellation or withdrawal of the order citing threat to witnesses and delayed trial. In addition, the CBI has also urged the Court to direct the trial court to decide the matter at the earliest by setting a time frame for completion of trial.

Reddy was arrested in this case in September 2011 and CBI filed its supplementary charge sheets, the latest one being filed in April 2014. Reddy claimed that investigation in the case had been completed and opposed the CBI plea to keep him outside Bellary.