The Delhi High Court on Friday refused to set a timeline for the conclusion of trial in the Shraddha Walkar murder case against accused Aaftab Amin Poonawala, stating that the proceedings were already happening on a day-to-day basis.
This came after Shraddha Walkar’s brother approached the high court seeking directions for time-bound completion of the trial in the sensational 2022 murder case, alleging that prolonged delays have delayed justice for the family and prevented them from performing her last rites as the mortal remains continue to remain part of the case property.
“It is clear that the trial court is making every endeavour to conclude the trial as soon as possible. No further directions are required as the trial is going on a day-to-day basis,” Justice Madhu Jain said while dealing with a petition filed by the deceased’s brother.
Walkar, who was in a live-in relationship with the accused, was allegedly strangled by Poonawala on May 18, 2022. According to the 6,629-page chargesheet filed by Delhi Police, Poonawala allegedly dismembered her body, kept the body parts in a fridge, and disposed of the pieces in desolate places across the city over several days to avoid getting caught. The body parts were discovered later.
The counsel for the petitioner contended that the case was proceeding in a tardy manner and at this rate, the trial was not likely to conclude in the coming years. Senior advocate Amit Prasad, appearing for Delhi Police, informed that the trial court was already taking up the case on a day-to-day basis, except on Saturdays and Sundays. He said that out of more than 200 witnesses, testimonies of 157 had already been concluded.
On a request by the senior lawyer, the court requested the Ministries of Home Affairs and External Affairs to expeditiously facilitate the examination of certain overseas witnesses, as and when required by the trial court. The court closed the proceedings on the petition.
Petitioner Shreejay Vijay Walkar contended in his plea that the criminal trial in the case had been pending for an inordinately long period without any justifiable reason. Such delay, he said, frustrated the administration of criminal justice and defeated the constitutional mandate of speedy trial under Article 21 of the Constitution.
The writ petition was filed by Shreejay Vikas Walkar, brother of the deceased, through Advocate Seema Kushwaha, seeking a direction to the trial court to conclude the sessions trial pending before the Additional Sessions Judge (FTC), Saket Courts, within a fixed timeframe. The petition has been filed under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
According to the petition, the criminal trial has remained pending for an inordinately long period despite substantial progress in the recording of evidence. It contends that the delay has frustrated the constitutional guarantee of a speedy trial under Article 21 and has caused continuing prejudice to the victim's family. The plea states that the dismembered body parts recovered during the investigation continue to remain in the custody of the investigating agency and the trial court as material exhibits.
Consequently, the family has been unable to perform Shraddha Walkar's last rites and accord her a dignified farewell. It argues that the right to dignity under Article 21 extends to the dignified treatment and disposal of the dead and that the continued retention of the remains because of the pendency of the trial amounts to a continuing constitutional injury.
The petition further claims that although the Sessions Court had, on July 6, 2024, directed that the matter be disposed of as expeditiously as possible and that proceedings be conducted on a day-to-day basis, repeated adjournments have frustrated the object of that order. It also alleges that the accused has repeatedly challenged orders passed by the trial court before the High Court with the intent of delaying the proceedings. Referring to the present stage of the trial, the petitioner states that out of 221 prosecution witnesses, 171 have already been examined while 50 witnesses remain to be examined. Despite this substantial progress, the trial has not concluded, the plea said.
The petition also states 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. It says the victim's brother is now pursuing the proceedings as the surviving legal representative with the expectation that justice should not be defeated by delay.
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