Petition regarding Delay in Trial

SREEJITJI PERUMANA
Advocale
Supreme Court ofIndia & Delhi High Court
To.
Shri Siddaramaiah
Chiof Minisl.. of Karnataka
BcnJtuluru
SuhJrct: Complainl regarding the unju!>\ and wrongful detention orMr. Abdul Nasal' Ma'danl, a Muslim religious s~holar
from Kcrala. who ha5 been made as the thirty first accus~d for his alleged role in the B:mgalorc blasts of 200~1. Out his
involvement is unproven IS of yet as trials arc still being held. The long delay in the tri31 not merely injures the: integrity of
physical reOlOn and hiA mental personality orthe accu!-Cd bUI also affects the fair administration ofjuslice and infringes lhl:
imronant fundamcnlal right nf flight to speedy trial under Anicle 21 of the constitution of India. II also violates his basi,
human ri~lIS.
Ref. LeurI' of the' 0/0 Chie'( MinistcrlKct 408/17 dolled 23107/2018
Ket. LMK No.49M dated 311OR/201 R
Sir.
I, Sr('('jilh Pt>ru,,,na Advocate, Human Rights actiist hring the following fcw poin13 for your kind consideration and
Ilccessary pclion,
I. 111:11 AhtJul Nasir Mahd3ni is I )'\Olitic::.1 :lcti\isl from Kerab. Following the Babo M,u.jid demolitiun in IIN2.
he launchel1 thc Profiles DcmOCT:llic Part)' (POP), ;th the s13led objective ofcreating a Mu!limOalitb<ackward
castc- olli~nce under tlu~ slot:-an of Power to Anmas and libemtion of the Oppressed-,
2, Thai in Iq92. l\bhdani h3mc the t~el of 3n 3sussin:llion anempl allegedly by a Rashlriya Swayam5cvak
S:lII!':h activisl, in which he lost his tis.ht les and is fined ....;th 3 prosthetic limb.
), That Mr, ~bhd3ni \\'3S accused ofheing in\olwd in 1998 Coimb:l1orc: bombings, but was acquittcd ofall chargc:l
nnC'r srendin~ nine DnJ h:i!fyears in C'oimbalore Centr.l.1 Prison. Th:n he had to wait for IWO yean ancr hi.'l arre)t
hefo!'e hcing fom1311y chal'}:.ed. The 16ASO'rJge charg.e sheet (weighing more th.1n SO kg) .....a! prepared in Tamil.
l\ b.1l(;un~e Ih:u ~bd:mi d,)('s not understand, Madani was en=n denied bail to allem! his grandmother's funeral.
M.td:lni', urreT txldy IS f'('stri~'IC'J b)' chronic srondylosis also suffering from acute diabetes, failing eY~:iighl.
f'l\\Il'J:,C'J did., ~'C'f\ ical ~lnJ~ losis ~nJ hC' is Jisabled b-C'czmsc= one leg as ampulilh:1.! after :dl.,:geiJly the RSS.
m.2.SlenllindC'd homh-cxploslon in 19'J~. Ht is also diabetic and suffers from h)'p<r1<ruion.
nun he was ill a CllimbslolC' jsil fl'l nine a.\J a hllf)<an as L'l aCCUkd in thC' Coimbatorc bomb blasLS casco Thc
mal droed on :lDiJ fin311y ht was relt3.SCd unrondition.illy as he- was founl.! oot guilty.
S. nlSI hcforc C'omrlctinJ; the fiN-I )ear of his fre-t life be' \lro3S again $em b<hind thc ban by the SUle, ~1lf1\j,,;ting
him the- 31s1 ,usN in the Hant:llorc romb blut usc 011008. It IS a;cused Uw.t he is the: promine:nl m.m
In\'llh cd in the ~'l\nsrira~'~ ~,fthC' bl:ut hich has 31 aecus;:d in all. On.: pC'f$un \'0;1.') kilh:d and sc.. cral inJwed in
the srnal IK'mh I-Ia:,ts. Ma~.tnt. who is a rh) sio..~Jll) dullC'ngeJ p<rsun h:l'ing lu)l hiS rigbt lC'g in :s b.Jmb :ittJ.ek.,
h:u. hC'ell 111n~uIshin~ In the p,1l foJT the P3St tig.h1 )'e3rS. Thl.' ball was granted foc [fl.'atmlnt of sC\'eral Jilml:nts
induJint: IIrUlc dial'C'tn, fai1in~ e~ ('siE-hl. prolapsed di~~. cel ica! sponJ)'Io,)sis on the: cunJltion Wt h(' illn,
kit' e B.n~lIIlcll'e,
t. '1lII! ht' WIlS ~ent 10 Parrran Agr.ilhara j3.i1 in KunauL:a b)' de-n) iDg bail by all !h(' cuurt'i that h~ arproal:hlJ
..llIlm, thlilthe ('lUC' susuins rrimarily. The' most wondt'rful bel rdated to thts c;sse- is thaI Ihe- in.:idl:nt OIo.~urro:J

when hc was living undcr thorough police !'enn'i!y, \I,Hucd n~ U\'l:l!l.~ In wllll:h ~\'\'IY 111l1\','lHl.'lIl urtht'jll'llItllll'l
marked inlhc register, Ilis cvcry mUVCI1lCll1 h\'ftll'\' (lml ollcl' III~ L1wllh,hlC' with Krlnlnl'lllll'l'!1I hll\l'~ IHld whlh',
The O1trocitic:::, bUm:lll rights violatiolls :mllcl'cJ hy Ihose \\'htll1r~ mlllt Ihe Irllll \'\II1I1,t1y III Ihe J!llI\'t'~IItl~ tlhll
hount the cOll!'cioliSlIC!'S of ullth(l~t, whulhil,k llhl,ultht, wdl Ill'lug lll' IlIl' /luddy. III tllt' l'll.~l' III' MIl'l1dlllll, Ill'
W3S even denied to p('rfOlll1 basit' humall Ilrclls. Ilillh \llltlllC li}!hl whll:h III ohnlyll 1111 III hI l'dl 1111,' IUlllly
affected his hCllllh. 1111: lriol in ollctlsc!'i lilmulJ he dlillc illlhc lItll~1 plll,slhl\'lln~'t'; l'IllC 11'1' Inlll' ~CI!lIiUlllh'll
aner ten years or so, as in thc carlier \',\I\e of Ma'atlanl, it ill Ihl.' .h':;tili\'nllllll til' the IIIIel111'111 Ju,.II\'~' ll~llllyt'd I
justice denicd,
The one-legged prisoner Madani ill aUO\lt ci)Jllt )'cars inl!l\'llnllgtllllll' ,hili h'l~ rcdtln'llltllll1Hu~11t tlkt'lt'luII11~
well tiS blind also suffering wilh vtlrious disctlscs likc ,linhclic I'clhllJl\ulhy. t1itlhl'lk lIell\,opulhy, t'l'I'vknl
spondiliti:::, urinary block, disc collupse, shlm3ch uk-N, hnrk IWllc ndlc, hlum! 11I'CllStilC 1I11t1 II 101 IIIl1ll'ltlher
discuses which he developed during tile l:l:::11wn illlpri~1)1I111(,1I1~ II~ he wn~ tlt'IIIt:J hUMk IIIc,lictll 1l1lllltltll('C, Now
he has almost complctely lost his right cycsig,ht bcing t1cnicd ol'trc;\lmCllllill' dlllhrlk 1'l'lllllll'lIllly lind the lH!il't1!1t'
has now partially affcctcd his Icll eye Ill' well. I\s his hcnhh is dcter;ul'(\lin~ 011 Thurlltll1Y he wus hlnl'll hi S
Ramiah Super specially Hospital for the Jt'hliled mcukul invcl\llgulllJl1 umllrcllllllcni.
In SUNIL BATRA V. DELHI ADMINISTRATION:
The court held that the practice of keeping ullder tdub with cOllviciS In .Inlill tlff'clll.lcd Ille It'llt til' rCIl~llllnhlclll'~~
in article 19 3nd fairness ill311iclc 21. Justice Klishna Iyer giving n m:ljur dcclsloll hclulhnt inlcp,l'lty uf phYlIlclll
person and his mental person
10. In MOTI LAL SARAF V. STATE OF JAMMU AND KASIIMIR
In order to make the odministl1ltion of climinol just lee effective. vihrllllt unumennlngful. the ll11illll ur Illll/n, Iho
stale government, and all eonccmed outhoritics must luke nCct'ssary slcps illJlllcdiotdy su lhut lhc IIIlJltlllu11l
constitutional right oflhe accuscd ofa speedy lri,,1 docs I\ot rctnllin only on papers or ill 11 Illere fUl'Il1ullly.
II. In SANTOSH DE V. ARCHANA GUIJA
ProsecUlion was pending against the accused for the last 14 yenrs. Since lhe necuscu wns nol rCllpOIuiuk for the
delaY,the proceedings were quashed, Also in the second oppeal,lhcrewlls lll1ullexpl:lil1ct! delllY fur KYClwlllnd
the court held that it infringed the right to speedy tl'inl.
12. P. RAMACHANDRA RAO V. STATE OF KARNATAKASI
The seven judge constitutional bench observed lhat, The mental agony, cxpellsc ond strain which u pcrson
proceeded against in criminal law has to undergo and which, coupleu wilh delay, may rc:tult in impairing lhc
capability or ability of the accused to defend himself have persuaded the constitutionul COUl'ls of lhe COUl1lry In
holding the right to speedy ttial 0 manifestalion of foir, just ond reusollable procedure
enshrined in Article 21.
J3. In Nimeon Sangma V. Home Secretary, Oovl. of Meghaloya lion 'ble justice Krishna Iyer eltprcsllcd his slrtlng
displeasure at the chaotic state ofdelays in invcstigation and tri:ll in the following words, Criminal justice breaks
down at a point when expeditious Irial is not allempted while the affecled pnrtiell lire lnnguishing In prison.,
It is unfortunate indeed sympathetic that there should h3vc becn such cOl1sidcl':Ibie delays in
investigation the aecuscd has been deprived of his personallihcrly on the ~ro\lIIJ llllli he is occuscJ
of the offence. We do not approve of this course and bl'each of the 11.11e of law and exrress my slrong displeasure
at the chaotic state of affairs emerging in the whole sellie. 3reach of hUIllUIi rights guurunlecd under lhe
constitution of India especially under article 21 tiS interpreted by this courl.
14, Speedy trial is a constitutional right for 8nlndian cllizen,' however thai does not happen unless the prosecution
is reatly keen to get on with things. 'Bail is the rule, jail an exceplion' said a Supreme coul1 bench ofjustice as
Singhvi andjustiee HL Dau while granting bail to five eltecutives illihe 20 spectrum scum i1l2011, 'DeprivlItiotl
ofliberty must be considered a punishment. When the undcrtrial prisoners arc delained in jail for Ull indefinite
period, Article 21 of the Constitution is violated,' the judgment went on.
IS. That the accused has his right to seek speedy lrial, righlto live dignified life, righlto speedy trial a::: provided
under Article 21 and also POlts ofbasic human rights which arc fundamental rights and legally enforceable rights.
A Criminal trial which does not ensure the Right to Speedy Juslice is cannol be regarded as 0 fair triol. The
concept of fair trial includes lhe Accused Right to seck Speedy triol