Jharkhand High Court delivers verdicts pending for years within a week after death row convicts moves SC

The Jharkhand High Court has delivered verdicts on 10 convicts, six of them on death row, all in a week, after they moved the Supreme Court complaining delay in deciding their appeals against conviction despite the verdicts having been reserved years ago.

On July 14, the top court agreed to examine the plea of the convicts and sought a response from the State government and the High Court within a week.

A Bench of Justices Surya Kant and Joymalya Bagchi, which took up the matter on July 21, was informed by advocate Fauzia Shakil, appearing for the convicts, that the judgment had been pronounced by the High Court on different dates.

The top court noted in its order that in the case of life convicts Amit Kumar Das and Basant Kumar Mahto, their convictions and sentence had been set aside by the high court on July 16 and July 18, respectively, and while Das had been released from jail, Mahato remained behind the bars, as the judgement was not uploaded.

The Bench directed the State to release Basant Kumar Mahto, subject to furnishing bail bonds.

On another life convict, Nirmal Bhengra, the Bench noted that his appeal against conviction and sentence had been dismissed by the high court on July 18.

The Bench directed the Member Secretary of the Jharkhand State Legal Services Authority to contact the petitioner immediately and grant him free legal aid if he is not in a position to engage private counsel, so that he could seek his remedy before the court or for remission.

It said similar recourse should be followed in case of death row convict Nitesh Sahu, whose appeal had been dismissed.

The top court noted that in the case of Sanatan Baski and Sukhlal Murmu, both death row convicts in the same case, the judgement had been delivered by the high court on July 17. Still, there was a difference of opinion, and the matter was referred to a third judge.

The Bench requested the newly appointed Chief Justice of the Jharkhand High Court to take up these matters on his Bench and try to decide them at the earliest.

It noted that in the case of three other death row convicts, the High Court pronounced verdicts on July 18, and their appeals had been dismissed.

The top court asked the state legal service authority to contact convicts, Gandhi Oraon, Rohit Rai, and Bandhan Oraon, and assist them in filing an appeal in the apex court or a plea for remission before the appropriate authorities.

Similar directions were passed in the case of Pratap Sahi, a life convict, as his sentence was already suspended while the order on his appeal was pending.

Nine of 10 convicts were imprisoned in Birsa Munda Central Jail in Ranchi’s Hotwar, whereas one was lodged in the Central Jail in Dumka district.

The top court, which has called for reports from all high courts where cases have been pending for years after being reserved for judgement, asked the registry to provide the reports to Shakil for collation and posted the matter for hearing on September 22.

On May 5, the top court frowned upon the high court and sought reports within a month from all High Courts on cases where judgements were reserved on or before January 31.

Terming such non-pronouncement of verdicts by courts a “very disturbing issue,” the top court said it will lay down some mandatory guidelines for the high courts.