SC quashes 35-year-old case against police officer, slams Allahabad HC for 'persecution'

The Supreme Court on Tuesday quashed a criminal case that had been pending trial against a Uttar Pradesh police officer for 35 years. In a strongly worded order, the bench criticised the Allahabad High Court for refusing to stop what it termed the 'persecution' of the officer.

Case root and prolonged trial

The case dates back to 1991. The officer, then posted in Uttar Pradesh, was accused of misconduct in the line of duty. The trial dragged on for decades without a conclusion.

The officer moved the Allahabad High Court seeking to quash the proceedings. The High Court refused, ruling that the trial must continue. That decision was challenged in the Supreme Court.

Supreme Court's observation

A bench of Justices [names not specified] heard the matter. The court noted that keeping a trial alive for 35 years amounts to harassment, not justice. 'This is not a trial; this is persecution,' the bench observed.

The court quashed the entire proceedings against the officer. It also slammed the Allahabad High Court for failing to exercise its inherent powers under Section 482 CrPC to end the abuse of process.

High Court's refusal called 'unsustainable'

The Supreme Court held that the High Court's order was 'clearly unsustainable in law'. The bench said the High Court ought to have seen that continuing the trial after such a long delay would cause grave injustice.

The officer had argued that the prolonged trial had caused immense mental agony and professional damage. The court agreed, stating that the right to a speedy trial is a fundamental right under Article 21 of the Constitution.

What the court said on delay

The bench noted that the delay was not attributable to the officer. It said the state machinery had failed to conclude the trial within a reasonable time. 'The sword of Damocles cannot hang over a person's head for 35 years,' the court remarked.

Legal experts said the ruling reinforces the principle that trials must be concluded within a reasonable period. Courts have often quashed cases where inordinate delay violates the accused's fundamental rights.

Impact and context

The order is a significant rebuke to the Allahabad High Court. The Supreme Court has consistently held that the power to quash proceedings must be used to prevent abuse of process.

The officer, whose identity has not been disclosed in the judgment, is expected to resume normal duties. The UP government has not yet commented on the ruling.

This case adds to a growing list of instances where the Supreme Court has stepped in to end decades-old trials. In 2023, the court had quashed a 40-year-old case against a retired army officer on similar grounds.

What comes next: The officer will now be free from the legal proceedings. The ruling may prompt other officers with pending old cases to approach the courts for similar relief. The Allahabad High Court is expected to take note of the stricture in future cases.