COMMON CAUSE"REGISTERED SOCIETY THROUGH ITS DIRECTOR versus UNION OF INDIA AND ANR.

Citation: [1996] SUPP. 2 S.C.R. 196 · Decided: 01-05-1996 · Supreme Court of India · Bench: B.P. JEEVAN REDDY, S.B. MAJMUDAR · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
"COMMON CAUSE" A REGISTERED SOCIETY 
THROUGH ITS DIRECTOR 
v. 
UNION OF INDIA AND ANR. 
MAY 1, 1996 
[B.P. JEEVAN REDDY AND S.B. MAJMUDAR, JJ.] 
Constitution of India, 1950 : Article 32-Public Interest Litigation-
Criminal cases-Unduly long pendency of-Under-trial prisoners-Re/ease, 
C discharge or acquittal of-Directions issued with regard to particular cases. 
D 
Article 21-Undertrial prisoners-Persona/ liberty of--Pendency of 
criminal cases for long period-Observed that operates as an engine of 
oppression-To protect and effectuate the life and liberty of citizen~nsuring 
of-Directions issued to the States and Union Tenitories. 
The petitioner filed a public interest litigation under Article 32 of 
the Constitution of India, seeking directions with respect to cases pending 
in criminal courts all over the country for unconditional release and 
quashing the proceedings against persons accused under Motor Vehicles 
E Act wherein the proceedings had initiated 1 year ago, against persons 
charged under Indian Penal Code and other penal statutes which are 
pending for more than 3 years where maximum sentence is not more than 
6 months, against persons in police & judicial custody, accused of offences 
which are not punishable with more than 7 years with or without fine, and 
F 
against persons charged for offence u/s 309 of IPC where cases are pending 
for more than 1 year. 
Disposing of the petition, this Court. 
HELD : The matter deserves serious consideration by the Supreme 
G Court and the High Courts in the country. The very pendency of criminal 
cases for long periods, by itself operates as an engine of oppression. It is 
essential to issue appropriate directions to protect and eflectuate the right 
to life and liberty of the citizens guaranteed by Article 21 of the Constitu-
tion. Accordingly, the following directions are issued : 
H 
1. Where the offences under IPC or any of other law for the time 
196 
J
"COMMONCAUSE"AREGD.SOCY. v. u.o.1.1B.P.JEEVANREDDY,J.] 
197 
being in force, for which the accused are charged, which are punishable A 
with imprisonment not exceeding three years, five years and seven years, 
with or without fine and the trial of which are pending for one year, two 
years and two years respectively and the accused are in jail for six months, 
and one year or more respectively, the concerned criminal court shall 
release the accused on bail or on personal bond. [199-G; 200-A; C-F] 
2. Where criminal proceedings are pending regarding traffic offences 
for more than two years on account of non-serving summons to the accused 
or for any other reason whatsoever, the Court may .discharge the accused 
and close the cases. 
B 
c 
Where the cases pending in criminal courts for more than 2 years 
under IPC or any other law for the time being in force, are compoundable 
with the permission of the court and are non-cognizable and bailable, and 
if in such cases trial has still not commenced, the Court shall discharge 
or acquit the accused as the case may be and close such cases, in the case 
of compoundable cases after hearing the public prosecutor and other D 
parties represented before it or their advocates. 
'\:Vhere the cases pending in criminal courts for more than one year 
in connection with offences under IPC or any other law for the time being 
in force, which are punishable with fine only and are not of recurring E 
nature, where trial has still not commenced, the criminal court shall 
discharge or acc1uit the accused, as the case may be and close such cases. 
Where the cases pending in criminal courts for more than one year 
and two years for offences under IPC or any other law for the time being 
in force, which are punishable with imprisonment upto one year and three F 
years respectively with or without fine, and if such trials have still not 
commenced, the court shall discharge or acquit the accused, as the may 
be and close such cases. [202-C-G] 
3. For the purpose of directions 1 and 2 above, the period of penden-
G 
cy of criminal cases shall be calculated from the date the accused are 
summoned to appear in the Court. [202-C] 
4. Directions (1) & (2) shall not apply to cases of offences involving 
(a) corruption, misappropriation of public funds, cheating, whether under 
Indian Penal Code, Prevention of Co_rruption Act or any other statutes, H 
198 
SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R. 
A 
(b) smuggling, foreign exchange violation and offences under the Narcotics 
Drugs
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