Keshvendra Singh vs Shankar Singh

The Supreme Court clarified the scope of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Section 12 states that trials under the Gangsters Act will have 'precedence' over other trials and that other trials should remain in abeyance. In this case, a brutal murder trial under the Indian Penal Code was almost complete, with only the accused's final statements remaining. Meanwhile, a separate case under the Gangsters Act had barely started. The accused requested the trial court to halt the murder trial until the Gangster case was decided, citing Section 12. While the trial court refused, the High Court ordered the murder trial to be paused. The Supreme Court set aside the High Court's decision. It held that Section 12 is only meant to prevent a clash of dates so that an accused is not forced to appear in two different courts on the same day. It was never intended to freeze or delay trials of heinous crimes like murder, rape, or dacoity. The Court emphasized that both the accused and the victims have a fundamental right to a speedy trial under Article 21 of the Constitution. Pausing nearly completed trials would allow accused persons to delay justice and would make a mockery of the judicial system, as evidence can get lost and witnesses' memories fade over time.

In Uttar Pradesh, a man was brutally beaten to death in September 2023. While the murder trial was nearly finished, a separate Gangster Act case was registered against the same accused, who then demanded that the murder trial be stopped.

The Supreme Court rejected the pause, stating that Gangster Act rules only resolve trial date clashes and do not freeze other active trials. The Court ordered the murder trial to finish, which resulted in the conviction of the accused.

This judgment protects the victim's right to speedy justice. It ensures that clever accused persons cannot use technical laws to delay their trials for serious crimes like murder.