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Supreme Court Raps Delay in Framing of Charges; Appoints Sidharth Luthra as Amicus

Supreme Court Raps Delay in Framing of Charges; Appoints Sidharth Luthra as Amicus

Delay in charges

The Supreme Court expressed strong displeasure over prolonged delays in the framing of charges, observing that in many cases it takes three to four years merely to draft issues. The bench emphasized that once a chargesheet is filed, the charge must be framed promptly, with discharge proceedings taking their natural course if required.

The Court noted that such delays are widespread across the country and observed that under the Bharatiya Nagarik Suraksha Sanhita (BNS), charges are to be framed within 60 days of the first hearing. Indicating the need for uniform judicial practice, the bench proposed to issue Pan-India guidelines to ensure timely framing of charges.

The Court appointed Senior Advocate Sidharth Luthra as amicus curiae, and also requested Mr. Nagamuthu and Solicitor General Tushar Mehta to assist in the matter. The Court further directed that the case papers be sent to the Attorney General, as it may consider issuing directions applicable to all courts nationwide.

Justice Kumar remarked that similar issues are pending before the Maharashtra High Court but clarified that the Supreme Court may directly issue nationwide directions if required.