- (1.) Leave granted. On November 2, 1982, a case was registered against the petitioner regarding an offence under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act (Act 2 of 1947). A charge-sheet was submitted on 30-8-1985 by the C.B.I. in which the alleged disproportionate assets of the petitioner as on 5-11-1982 amounted to Rs. 9,10,932.41 along with a list of 40 witnesses and 20 documents. The Special Judge, C.B.I. Bihar, Patna took cognisance of the offence on 14-11-1986 and issued summons fixing 2-12-1986 as the date for appearance. On 24-4-1987, the petitioner appeared before Court, applied for and obtained bail. The charges were framed by the Special Judge on 4-3-1993. Three witnesses were examined by the prosecution till 1-6-1995.
(2.) The petitioner filed a writ petition in the High Court of Patna on 5-12-1995 praying inter alia for quashing the entire prosecution including the F.I.R. on the ground that more than 13 years had elapsed since the institution of the F.I.R. and thus the right of the petitioner to speedy trial was violated. The petition registered as Cr.W.J.C. No. 809/95 was dismissed by the High Court on 7-12-1995 on the ground that the delay was due to the fact that there was one Special Court of the C.B.I. functioning and a large number of cases were pending before it. It is the said order which is challenged in this pettion.
(3.) After service of notice and appearance of the respondent, the Superintendent of Police, C.B.I. Patna was arrayed as second respondent. By order dated 9-12-1996. A report was called for from the Special Judge as to the condition of the present case as well as other cases similarly blocked up. The report of the Special Judge dated 25-12-1996 has disclosed a shocking state or affairs. As regards the present case, the relevant part of the report reads as follows :- "According to charge-sheet there are as many as forty witneses out of whom, the prosecution has examined till today only three witnesses. The last witness was examined on 3-9-93. Thereafter 36 adjournments were given to the prosecution for examination of remaining witnesses. However, the Prosecution has failed to examine any of the remaining witnesses. The next date fixed in the case for production of witness by the prosecution is 6-1-97, it would not be out of place that myself joined as Special Judge only on 21-9-96, thereafter I also directed the C.B.I. to produce witnesses.";