Supreme Court – Daily Orders
Anoop Singh vs U.T. Of J And K on 21 April, 2026
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ITEM NO.307 COURT NO.7 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).1398/2026
[Arising out of impugned final judgment and order dated 30-06-2025
in BA No. 291/2024 passed by the High Court of Jammu & Kashmir and
Ladakh at Jammu]
ANOOP SINGH Petitioner(s)
VERSUS
U.T. OF J AND K Respondent(s)
IA No. 20393/2026 - CONDONATION OF DELAY IN FILING
IA No. 20399/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 20398/2026 – EXEMPTION FROM FILING O.T.
Date : 21-04-2026 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE K.V. VISWANATHANFor Petitioner(s) : Mr. Ranjeet Kumar, Adv.
Mr. Simanta Kumar, Adv.
Mr. Anant Kumar, Adv.
Mrs. Sushma Kumari, Adv.
Mr. T. R. Naval, Adv.
Dr. Pratap Singh Nerwal, AOR
For Respondent(s) : Ms. Aishwarya Bhati, ASG
Mr. Pashupathi Nath Razdan, AORUPON hearing the counsel the Court made the following
O R D E R
1. Para 12 of our order dated 10.03.2026 reads thus:-
Signature Not Verified
“12. The learned counsel appearing for the UT of Jammu
Digitally signed by
HARPREET KAUR
Date: 2026.04.22
17:54:30 IST
Reason:
and Kashmir shall, in turn, forward one copy of the
Report of the Trial Court to the Home Secretary at the
earliest.”
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2. In pursuance of the information called for as referred to
above, an affidavit has been filed on behalf of the Union Territory
of Jammu and Kashmir, duly affirmed by Shri Chandrakar Bharti,
Principal Secretary to the Government Department of Home, Union
Territory of Jammu and Kashmir.
3. The details of all criminal trials pending in the Union
Territory of Jammu and Kashmir wherein accused persons are in
judicial custody past more than five years as under-trial prisoners
have been provided to us for our perusal.
4. Ms. Aishwarya Bhati, the learned Additional Solicitor General
gave us a fair idea as regards the information collected and put on
record by way of affidavit.
5. Today, we have information about the actual status of 351
trials which are going on in the Union Territory of the Jammu and
Kashmir.
6. We take notice of the fact that in the following 15 cases, the
accused are in judicial custody as under-trial prisoners past more
than 12 years. The details are as under:-
“BRIEF SYNOPSIS OF CHART WHERE ACCUSED ARE IN MORE THAN 12 YEARS OF INCARCERATION
S. No. U/s Prescribed period of Period of incarceration Timeline given
imprisonment
16 364/342/302/120-B/201 Life imprisonment 17 years 10 months 4-5 months
59 8/21/29 NDPS Minimum 10 years 12 year 2 month 6 month
maximum 20 years
62 302 RPC Life imprisonment 12 year 2 month 18 month
64 302 RPC, Section 7/25 Arms Act & Life Imprisonment 12 years 11 month 18 month
Section 4 F. Act (Accused R/o Pakistan)
74 307/120-B/212/216 RPC & S. 7/27 10 years and 7 years 15 year 12 month 6 months
Arms Act
75 4/5 ESA (Explosive Substances 15 years 2 month 24 month
Act) and section 7/27 Arms Act
76 302 RPC, 7/27 Arms Act Life imprisonment 15 years 3 month 12 month
78 302/307/379 RPC Section 7/25 Life imprisonment 14 year 6 month 12 month
3Arms Act (2008 FIR)
79 302/364, Section 4/25 Arms Act Life Imprisonment 10 years 9 month 12 month
(2006 FIR)
80 302, Section 7/25 Arms Act Life Imprisonment 10 year 8 month 12 month
(2007 FIR)
105 302/307/364 Life Imprisonment 12 year 5 month 12 month
150 364/302/34/392 RPC Life Imprisonment 12 year 10 month 12 month
154 307/120B/153A RPC, 7/27 Arms Accused is R/o Pakistan 15 years 4 month Minimum 3 years
Act, 13 UAPA & 2/3 EIMCO Act
195 302/201/109 RPC & Section 3/25 Life Imprisonment 14 year 12 month
Arms Act
197 302 RPC Life Imprisonment 12 year 3 monthTOTAL 15 cases where accused are incarcerated for more than 12 years pending
Prosecution Evidence. However, at S. No. 78 to 80 Accused is same and from S.
No.74-76 Accused is same and S. No.64 and 154 Accused are Pakistani Nationals.”
7. In one of the cases, at serial no.16 referred to above, the
accused seems to be in judicial custody past 17 years and 10
months.
8. Along with the affidavit, the Deponent has also provided us
with the proposed action plan. In other words, the modalities for
speedy trial of cases where the accused are in custody for five
years or more. The same reads thus:-
“PLAN OF ACTION/MODALITIES FOR SPEEDY TRIAL OF CASES WHERE
ACCUSED ARE IN CUSTODY FOR 5 YEARS OR MOREI. Identification and Prioritization
(a) The Pubic Prosecutors have prepared a list of pending cases where accused persons
are in custody for 5 years or more than that;
(b) The said list has further been segregated as per the stage of trial, so that efforts can be
made for disposal of the cases at advance stage;
(c) The list prepared by the concerned Prosecutors has also been shared with the Home
Department, Directorate of Prosecution and Deputy Director Prosecutions for regular
reviews.
(d) The “Red Folder” System: All the Public Prosecutors have been directed to physically
categorize and mark every Case Diary/ Shadow file falling in the list with a Red
Tag/Folder for immediate visual identification by the Prosecution.
II. REVIEW/SUPERVISION
(a) The Deputy Director Prosecution will fortnightly review progress of all the cases
falling under the list with the respective conducting Public Prosecutor;
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(b) The Prosecution Department shall conduct a monthly review of listed cases with the
Deputy Director Prosecutions;
(c) The Home Department shall conduct a quarterly review of the listed cases with the
Prosecution Department.
III. Dedicated “Pairavi Cell” for Witness Management and Production
(a) During preparation of the list of 235 cases, it has been noted that in many cases non-
appearance of the witnesses has been a vital reason for delay and as such vide circular No.
Legal/SC-16/III/26 -4003-20 dated 16.04.2026 issued by the Police Headquarters, J&K, all
the District SSPs have been directed to ensure that the execution of the processes in these
identified 235 cases is carried out in a time bound manner well before the date fixed by the
concerned Courts. Besides, it has been provided that working of Parivi cell in the DPOs
and the courts be also revamped and the concerned be sensitized regarding the execution
of dockets in these cases.
(b) This cell shall (i) verify current addresses of all remaining witnesses (ii) track
dockets/summons until service is confirmed (iii) Liaising directly with the witnesses and
jurisdictional police station for ensuring presence of these witnesses on the date of
hearing.
(c) The Pairavi Cell must ensure that process servers mention contact numbers of PWs in
their reports enabling the Prosecutor to confirm availability of PWs in the court prior to
the hearing.
(d) In case a Prosecution Witness is not traceable or served by the executing agency for
want of complete particulars/address or for any other reason, the matter may be referred
to concerned SDPO/Additional SP/SP of the District concerned for their intervention in the
matter for tracing and ensuring attendance of the PW.
IV. EFFORT TO BE MADE BY THE I.O OR HOLDING I.O:
The I.O of the respective cases or the Holding I.O shall in advance take the list of witnesses
from the concerned Public Prosecutors who are to be examined in the next two date of
hearings and apart from issuance of summons to the said witnesses by the Ld. Trial Court,
inform them personally or by a personnel deputed for this purpose well in advance so that
their attendance can be secured and effective evidence can be recorded on that date of
hearing, this will be in addition to the ‘Pairavi Cell’;
V. Courtroom Strategy/ recording of evidence by electronic mode:
(a) The Public Prosecutors have been directed to examine the feasibility of examination of
witnesses in all these 235 listed cases by electronic mode as prescribed under section 530
of the BNSS;
(b) The Public Prosecutors in all cases where it is feasible shall move an application or
make an oral request to the Trial Court under section 254, 265 and 266 of BNSS, 2023 for
examination of witnesses through electronic mode under these provisions of BNSS.
(c) For the purposes of electronically recording of evidence, Video Conference Systems
have been installed at 120 locations in all over J&K and the same is available in all trial
courts also.
VI. Material Evidence Handling
The Pairavi Officers have been instructed to ensure that all physical evidence i.e exhibits,
weapons, narcotics, documents etc. are available and are produced in the court on the date
of the hearing to eliminate delays caused by the “non- production of property.”
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VII. ADMITTED OR NON-DISPUTED EVIDENCES
The Public Prosecutors have been asked to examine the listed cases and considering merits
of the case, as far as possible, move applications under Sections 291A, 293, 294, and 296
of the Cr. P.C. 1973 for admitting undisputed documents and formal evidence, which shall
assist in trimming the list of witnesses to be examined in Court.
VIII. TIMELINES FOR DISPOSAL OF FINAL STAGE CASES
Apart from the case specific tentative timeline provided in the chart for disposal of the
pending cases, the Prosecutors have been directed to prioritize the cases in which
prosecution evidence is complete. Out of 351 cases, 13 cases have already been disposed of
in last two months, while out of 235 cases, prosecution evidence has already been
completed in 13 cases as well. In respect of 84 cases, which are at the stage of final
arguments, 14 cases at the stage of Statement of Accused and 8 cases at the stage of
Defence Evidence, the prosecutors have been directed to assist the court in disposing of
these cases by or before 30th September 2026.
SUGGESTIONS FOR EXPEDITIOUS TRIALS
1. Pursuant to sharing of the priority list by the Prosecutors, the Ld. Trial Court must
ensure that short dates are given in the listed cases as per their priority or stage;
2. The Ld. Trial Court must ensure that barring exceptional circumstances, no
adjournments should be granted in these priority cases and for effective hearing not more
than two such cases be listed per day in each court.
3. These cases may be accorded absolute precedence over other matters in the court
calendar and shall be placed at the” Top of the Board” and not more than two such cases
are fixed on one date, so that effective progress can be achieved.
4. In cases, where despite service of summons and follow-ups, the witnesses are not
appearing, the trial court must issue warrants for procuring their attendance.
5. All efforts should be made for completing examination-in-chief and cross- examination
of an outstation witnesses in one day and in case, despite efforts, the same could not be
completed in one day, the Trial Court must fix the matter for next day so that examination
of that witness could be concluded without any wastage of further time.
6. The cases in which charges are yet to be framed, the Ld. Trial Court may be directed to
decide framing of charges in such cases within some fixed timeframe, preferably within two
months.
7. Cases at section 342 Cr PC Stage (examination of the accused persons) shall be
expedited and if required assistance of the Prosecution and Defence Counsel may also be
sought as per mandate of law.
8. In cases, where there are more than one Accused persons and the case is adjourned by
strategically delayed by non-appearance of one or the other accused person who are on
bail, the Trial Courts should take stern action against those accused persons and should
not grant unnecessary exemption.
9. As far as possible, the Ld. Trial Court should not grant exemption, if the accused
disputes his identity and the business of that date could not be transacted in his absence.
10. The Trial Court should grant exemption only if the accused states in his application
that he will not object if the hearing is conducted in presence of his counsel.
11. Trial Court should promote electronic mode for recording of evidence, especially, in
case of formal and official witnesses in terms of Sections 254, 265, 266 and 530 of BNSS.”
9. We are of the view that top priority needs to be given for
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disposal of the 15 cases referred to above.
10. We want to know what best can be done to ensure that these 15
cases referred to above are completed within the period as
suggested in the chart.
11. We would also like to know how well the defense counsel are
cooperating with the Trial Court insofar as the conduct of the
trial is concerned. If the defense counsel are not appearing, then
in such circumstances, the Trial Court owes a duty to provide
appropriate legal aid to the concerned accused.
12. We are of the view that the first step in the process should
be to make all possible endeavours to complete the trials of the
aforesaid 15 cases.
13. The Principal Secretary, Home Department, UT of Jammu and
Kashmir shall convene a meeting with the investigating officers,
including the public prosecutors who are in-charge of the trials.
14. By the next date of hearing, let an updated report be provided
to us as regards the further developments in these trials.
15. Insofar as all other trials are concerned, i.e., other than 15
trials referred to above, those trials should also proceed
expeditiously and there should not be any unnecessary delay in the
conduct of the trial.
16. If the Principal Secretary is of the view that there are some
lapses in action or deliberate attempt to delay the trial, then it
is on the Administrative side and he must immediately take
necessary action in that regard in the right direction. If need be,
appropriate proceedings must also be initiated against the erring
persons.
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17. We also want the High Court of Jammu & Kashmir and Ladakh to
look into this issue and take appropriate corrective measures in
this regard.
18. Registry is directed to forward one copy of this order at the
earliest to the Registrar General, High Court of Jammu & Kashmir
and Ladakh, who in turn shall place this order before the Chief
Justice of the High Court.
19. One copy of this order shall also be forwarded to the
Principal Secretary, Home Department, UT of Jammu and Kashmir.
20. Post this matter for further hearing on 30.09.2026. To be
treated as part-heard.
(HARPREET KAUR) (POOJA SHARMA) COURT MASTER (SH) COURT MASTER (NSH)