- (1.) Reliefs sought in both the Writ Petitions are one and the same; therefore, they are disposed of by this common judgment.
(2.) These Criminal Writ Petitions, filed under Article 32 of the Constitution of India, seek for the enforcement of petitioner's fundamental right of "speedy trial" and for "quashing of Sessions Trial No. SC1/06", pending on the file of learned Additional Sessions Judge (East), Kakardooma Courts, Delhi.
(3.) The petitioners herein are the accused and tried for the assassination of Shri. L.N. Mishra, the then Union Railway Minister. It is the case of the prosecution that Shri. L.N. Mishra was injured in a bomb- blast at the Railway Station, Samastipur on 2.01.1975 and later succumbed to his injuries on 3.01.1975. The initial investigation was conducted by the Bihar C.I.D. and subsequently it was transferred to the Central Bureau of Investigation (for short, 'C.B.I.') who filed charge sheet on 10.11.1975. Thereafter, this case was transferred by this Court to Delhi vide its order dated 17.12.1979 due to interference by the then Bihar Government. Learned Additional Sessions Judge, Karkardooma, Delhi, after framing the charges, initiated trial against the accused persons but, unfortunately, the trial is still pending for the past 37 years. In 1987, the Petitioner(s) had preferred a Writ Petition (Crl.) No. 268/87 before this Court for quashing of the charges and proceedings in view of pending trial for over 12 years. This Court had disposed of the writ petitions vide its Order dated 10.12.1991 with a direction to the trial court to expeditiously complete the trial on day to day basis. However, the trial is still pending before the Learned Additional Sessions Judge despite the direction of this Court to expeditiously complete the trial. As of now, the statements of accused under Section 313 of the Criminal Procedure Core (for short, 'Cr. P.C.') have been recorded, the Court witnesses have been examined as well as the recording of statements of defence witness is also complete and at the time of hearing of these petitions, we are informed by the learned counsel that the matter is now posted for arguments.;