Delay In Framing Of Charges | Supreme Court Asks High Courts To Furnish Information Sought By Amicus Curiae

In the matter where the Supreme Court has proposed laying down guidelines to avoid delay in the framing of charges by the Trial Courts, the Supreme Court on Friday asked the Registrar Generals of all High Courts to furnish to the amici curiae the information sought by them.

The Court observed that the Chief Justices of High Courts can form committees to get the information from the districts and forward them to the amici.

Senior Advocates Siddharth Luthra and Nagamuthu are the amici curiae in the matter.

Today, Luthra submitted that the status of the pending criminal trials in the country shows a grim picture. He said that pursuant to the Court's order expressing grave concern over inordinate delays in the framing of charges, he had written to the various Courts seeking information in this regard. 

It should be noted that a bench comprising Justice Aravind Kumar and Justice NV Anjaria had recently expressed that there is a mandate under Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that charges in cases exclusively triable by a court of sessions must be framed within 60 days of the first hearing. However, despite this, it is being flouted and therefore, advocated for pan-India guidelines by appointing Luthra as amicus to assist the Court. This was while hearing a case in which the petitioner's counsel raised the issue of non-framing of charges despite the accused being in custody for two years. 

Today, Luthra appeared in this matter and submitted that he has received information from some High Courts, but for most, it is still awaited. High Courts of Kerala, Jammu & Kashmir and Ladakh, Telangana, Madras, and Allahabad have given responses.

Luthra submitted : "There was one place where a comment has come that the Court has a 2022 old case. [The Court said] till I deal with old cases where people have been in custody, how do I proceed to frame charges in recent ones, which is a genuine reason."

Justice Kumar responded: "He or she has to burn the midnight oil, that's all."

When Justice Kumar perused the document filed by Luthra, the Court got to know that the 2022 old cases are the ones referred under the BNSS. Luthra stated that he asked for BNSS cases only because the mandate is under this statute. He added that it would be impossible to seek similar information for the cases pending under the Code of Criminal Procedure.

"To ask for that mandate would be impossible. We will have to go back many years to get that data," Luthra said.

Luthra suggested that the Court can have it on a non-miscellaneous day and requested that it be listed after some weeks so that he can compile data from all High Courts.

The Court ordered:

"The learned standing counsel submits that charges have been framed in this case on 2.8.25. Having regard to the larger issue, namely, many Courts having not framed charges though chargesheet has been filed, cognisance having been taken, and noticing the applicability of 251(b), we requested Siddharth Luthra and Mr. Nagamuthu, learned senior counsels, to assist the Court as amici. Today, we have been informed that certain responses have been received from various High Courts on the cases pending and yesterday, three High Courts have forwarded the status, which is yet to be placed on record. Luthra places on record that still, the statistics from certain High Courts are awaited.

Placing on record the commendable job done by amicus and the State, we are of the considerable view that the matter requires examination, and it is ordered to be listed on a non-miscellaneous day. The learned amicus is at liberty to contact or interact with the Registrar General of the respective High Court to seek such information, statistics, or such other details required as envisaged by the order dated 29 October. Registrar General of all High Courts are directed to furnish all information as sought by the learned amicus, after compiling the same from various districts. If necessary, Hon'ble Chief Justices of the High Court can constitute a committee for this purpose and forward information so-called by the amicus on an emergent basis. List this on December 16, 2 pm.

It is stated that the learned Solicitor General has also filed a short affidavit and impleadment of Union of India through the Home Affairs. Registry to assist. The learned amicus shall be assisted by Mr.Chidanand, learned advocate on record of this Bar." 

Case Details: AMAN KUMAR Vs THE STATE OF BIHAR|SLP(Crl) No. 8437/2025

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