On November 24, the Supreme Court passed an order dismissing a criminal appeal filed 13 years ago, stating that our criminal justice system can be a punishment in and of itself. The division bench of Justices Sanjay Kishan Kaul and Abhay S. Oka made this observation after noting that an appeal arising from charge framing had been pending in the Supreme Court for 13 years.

“The present appeals were preferred assailing that order and interim stay was granted at the threshold. The trial of course naturally did not proceed in view of the stay by this Court. The matter has rested at that for the last thirteen years!"

The bench further stated " The criminal justice system of ours can itself be a punishment! It is exactly what has happened in this case. 14 years on an issue of abetment of suicide in an episode where a student was reprimanded for misconduct in the College and on endeavour to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide. An unfortunate situation! However, we are concerned with the issue whether there is any element of an abetment to suicide in the present case which was at the threshold of charges having been framed." The bench considered the appeal and noted that, even after reading the charge sheet, there is still no case made out for abetment of suicide based on the complaint as it is. The appeal was eventually granted, and the accused was released. This report addresses this aspect of the order.

The court was hearing a case in which a student committed suicide after the school administration initiated disciplinary action against him. On the basis of a complaint filed by the student's father, a charge sheet was filed against the teacher, the Head of the Department, and the Principal. In 2009, the Trial Court issued charges against the accused.

Case details

V.P. Singh vs State of Punjab

Crl.A 103/2010

Link:

https://main.sci.gov.in/supremecourt/2009/20393/20393_2009_2_101_39992_Order_24-Nov-2022.pdf