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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

SC frowns at ‘automatic criminal trials’

Justice Sanjay Karol Mumbai: In a judgement with wide implications, the Supreme Court has said that a court should not ‘shut its eyes’ to a criminal prosecution that is manifestly abusive, particularly where unimpeachable evidence shows that allowing the case to proceed tantamounts to an abuse of the court process. A SC division bench of Justice Sanjay Karol and Justice Augustine George Masih last week quashed a ruling of the Allahabad High Court in a dowry-death case in which the accused...

SC frowns at ‘automatic criminal trials’

Justice Sanjay Karol Mumbai: In a judgement with wide implications, the Supreme Court has said that a court should not ‘shut its eyes’ to a criminal prosecution that is manifestly abusive, particularly where unimpeachable evidence shows that allowing the case to proceed tantamounts to an abuse of the court process. A SC division bench of Justice Sanjay Karol and Justice Augustine George Masih last week quashed a ruling of the Allahabad High Court in a dowry-death case in which the accused husband (Rahul), a Border Security Force personnel and his family were charged after his wife (Anshul) died by hanging in Meerut in June 2016. Justice Augustine George Masih The prosecution case was that Rahul and his family had harassed Anshul (deceased) for dowry and when the demand was not fulfilled, allegedly eliminated her. However, the material produced before the SC painted a different picture. The autopsy (June 14, 206) stated the cause of death was ‘asphyxia due to ante-mortem hanging’ with no external injuries. The police investigation said that the main entrance of the home and the room where the woman was found hanging were locked from inside and were broken open by the cops. More clinching was the Rahul’s official service record and a BSF certificate showing that he was on official duty in Shillong (Meghalaya) near the India-Bangladesh border, and had gone to New Delhi only on June 14, a day after his wife’s death, staying there till June 19. The BSF version on record – that the accused was not present in Meerut on the day of the incident – was never challenged and hollowed out the prosecution’s stance. As per a FIR lodged by Meerut’s Incholi Police Station on June 13, 2016, Rahul, his parents Ramnath and Sheela, and other relatives had tortured Anshul for dowry, who was found dead at home that day. Full Trial During the lower court proceedings, Rahul moved the Allahabad HC in 2018, seeking quashing of all the criminal proceedings against him. Meanwhile, after a full trial, Additional Sessions Judge Meerut Court 1 acquitted his family members on October 17, 2025 on grounds that the prosecution failed to establish its case beyond reasonable doubt. Notwithstanding the trial court acquittal of Rahul’s family, on December 12, 2025, the Allahabad HC had dismissed Rahul’s plea of alibi - saying it was a question of fact requiring proof at the trial, and no finding on alibi could be recorded for the first time in a petition under CrPC Sec. 482. After considering all the material before, Justice Karol and Justice Masih quashed the police FIR (June 13, 2016), chargesheet (July 15, 2017) and all consequential criminal proceedings against the accused in the Meerut trial court and the Allahabad HC. ‘Landmark verdict’ Nagpur-based legal eagle Barrister Vinod Tiwari hailed the verdict as ‘landmark’ which would guide the courts in a large number of cases where trials drag on at various levels all over India “despite incontrovertible material” proving the absence of the accused during the alleged crime. “This judgement will halt all such mischievous cases intended to harass innocent citizens by misusing the legal processes, stop wastage of courts’ time without adding to the alarming burden of case backlogs in the legal system,” declared Barr. Tiwari. SC’s four-step test to halt dubious criminal proceedings Justice Karol and Justice Masih said the mere existence of a chargesheet does not give a prosecution an automatic right to continue trial indefinitely if the basic material supporting it cannot withstand scrutiny. The SC underlined a four-step test to determine whether criminal proceedings can be halted on the strength of defence material before the trial: The material must be sound, reliable and beyond serious doubt; Must be capable of effectively knocking out the factual foundation of the allegations; The material must be unrefuted by the prosecution or be so strong that it cannot be disputed; and the court must ask the crucial question: Would allowing the trial to continue amount to an abuse of the court process and fail to serve the ends of justice?

Dangerous Departures

Updated: Oct 30, 2024

Dangerous Departures

In yet another shocking incident adding to Mumbai’s infamous tryst with stampedes, chaos erupted at Mumbai’s Bandra Terminus following a weekend stampede that left at least ten persons injured, two critically so. A crowd surged toward the Gorakhpur-bound train with nearly 1,500 people vying for seats in 22 unreserved compartments, leading to the stampede. Several others narrowly avoided tragedy, with some even pushed onto the tracks. This is not a unique episode but rather a recurring theme in Mumbai’s bedevilled crowd management, one that has haunted the city’s public spaces, particularly as festive seasons magnify the crowds.


Mumbai is no stranger to stampedes. A horrifying incident in 2017 at Elphinstone Road Station left 23 people dead and nearly 50 injured. The cause was a familiar one: an overwhelming crowd confined to a narrow footbridge during peak rush hour. The tragedy sparked an outcry, with promises from authorities to upgrade infrastructure and enhance safety protocols. Yet seven years on, crowd-related incidents continue to be a constant danger. Today’s incident reveals a similar lapse—a lack of foresight in managing the thousands who gather on platforms ahead of Diwali, eager to return to family. That the Gorakhpur Express was unreserved and heavily crowded was predictable.


The issue lies beyond simply crowd density; it is emblematic of deeper systemic negligence. The Brihanmumbai Municipal Corporation (BMC), responsible for local public safety, along with the Railways Ministry, bear responsibility for ensuring order at such high-risk hubs. Although the BMC acknowledged the “festive rush,” it appears little was done to pre-empt it. Swift action could have been taken to either disperse the crowd or reroute passengers. Instead, chaos prevailed.


Political reaction has been swift but uninspiring. Aaditya Thackeray, son of Uddhav Thackeray, launched a scathing attack on the Union Railways Minister, Ashwini Vaishnaw, branding the incident a result of the minister’s “incapable” leadership. This hardly addresses the immediate need: a substantive plan to manage crowds and prevent similar incidents.


Mumbai’s transport infrastructure remains sorely outdated. Platforms are undersized, signalling systems frequently falter, and crowd control mechanisms are grossly inadequate. Despite repeated accidents, there has been little investment in comprehensive crowd management systems or the deployment of personnel trained in emergency response. While railway footbridges were widened after the Elphinstone tragedy, Bandra’s incident demonstrates that such incremental changes are insufficient. Mumbai, which sees a swelling populace during festivals, demands a robust strategy to address its vulnerabilities. This should include technology-driven crowd monitoring, clear communication channels to inform passengers of platform conditions, and additional security and medical staff on high-demand days. It is essential that crowd management training for personnel becomes a priority rather than a reaction to tragedies.

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