Delhi HC declined a plea for a time-bound trial in the Shraddha Walkar murder case, noting the trial court is proceeding daily. The HC directed the MHA and MEA to ensure the appearance of four overseas witnesses to expedite their testimony.
The Delhi High Court on Friday declined to issue further directions for the time-bound completion of the trial in the Shraddha Walkar murder case, observing that the trial court is already conducting the proceedings on a day-to-day basis and making every effort to expedite the proceedings and is conducting the trial on a day-to-day basis.
Justice Madhu Jain, however, directed the Ministry of Home Affairs (MHA) and the Ministry of External Affairs (MEA) to make efforts to secure the appearance of four overseas witnesses whose testimony is yet to be recorded before the trial court.
Arguments on Trial Speed
The order came on a petition filed by Shreejay Vikas Walkar, brother of Shraddha Walkar, seeking a direction for the time-bound conclusion of the trial. The plea alleged that prolonged delays had deprived the family of timely justice and prevented them from performing Shraddha Walkar’s last rites as her mortal remains continue to remain part of the case property.
Appearing for the Delhi Police, Senior Advocate Amit Prasad, along with Special Public Prosecutor Madhukar Pandey, opposed the plea and submitted that the trial court was already taking all possible steps to ensure an expeditious trial while maintaining fairness to all parties.
Prasad submitted that the charge sheet cites 222 prosecution witnesses, of whom 157 have already been examined. He informed the Court that six witnesses remain to be examined, while 14 witnesses are yet to be cross-examined. He further pointed out that four overseas witnesses are yet to depose.
He also submitted that the trial court has put the accused on notice that if his counsel is unable to attend the proceedings, appropriate arrangements must be made so that the day-to-day hearing is not interrupted. Prasad further submitted that the previous presiding officer had also dismissed an application moved by accused Aaftab Amin Poonawala seeking expedition of the trial, and that the court has to keep in mind both the requirement of a fair trial and an expeditious trial.
Counsel for the petitioner, meanwhile, argued that the trial was proceeding at a “very tardy speed” and submitted that, at the present pace, the case may not conclude even in the next five years.
Court’s Final Observation
Taking note of the submissions, the High Court observed that the trial court has made every endeavour to expedite the hearing and that no further observations were required as the matter is already being heard on a day-to-day basis. The Court, however, directed the MHA and the MEA to make efforts to secure the appearance of the four overseas witnesses before the trial court so that their evidence can be recorded without unnecessary delay.
Family’s Plea for Justice
The petition had contended that despite substantial progress in the trial, the continued pendency has caused prejudice to the victim’s family. It stated that the victim’s father passed away during the pendency of the proceedings without witnessing the conclusion of the trial or being able to perform his daughter’s last rites. The petitioner had sought a fixed timeline for completion of the trial and directions against unnecessary adjournments.
The case relates to the alleged murder of 27-year-old Shraddha Walkar in May 2022. According to the prosecution, her live-in partner, Aaftab Amin Poonawala, allegedly strangled her, dismembered her body, stored the remains in a refrigerator and disposed of them at various locations in and around Delhi. The trial is pending before the Additional Sessions Judge (FTC), Saket Courts. (ANI)
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