The Rajasthan High Court recently quashed the charges in a corruption case against a 100-year-old man and his 96-year-old wife after observing that forcing individuals nearing the end of their lives to endure a prolonged legal battle without any substantive charges against them is both cruel and unjust.
A bench of Justice Arun Monga observed that their advanced age and health issues demand a humanitarian approach. The high court also quashed the corruption case against the 65-year-old daughter-in-law of the elderly couple in the case. The corruption case was filed against their 71-year-old son under Prevention of Corruption Act (PC Act) for allegedly possessing assets disproportionate to his income as Development Officer.
The bench took note of a delay of over 18 years in concluding in the trial and observed the same reinforced the argument that charges against the accused may be baseless.
"The advanced age and health issues of the petitioners’ parents demand a humanitarian approach. Forcing individuals nearing the end of their lives to endure a prolonged legal battle without any substantive charges against them is both cruel and unjust. Given the lack of direct involvement of petitioners No. 2 to (parents and wife) in the alleged crime, a compelling ground is made out for quashing the charges against them as they have already suffered the pangs of protracted litigation without even a flicker of light in the tunnel, during twilight years of their lives," the high court said.
The court said in light of the significant delay, the prosecution's failure to present a strong case, the unjust inclusion of wife and parents in the chargesheet, and the health conditions of petitioners, the chargesheet against the ailing parents and wife deserves to be quashed.
"The petition is disposed of in above terms with the expectation that further pending trial proceedings shall be concluded as expeditiously as possible without granting any unnecessary adjournments, particularly, at the instance of the prosecution," the high court ruled.
The Anti-Corruption Bureau had lodged the First Information Report (FIR) against the accused in 2006 and the chargesheet was filed in 2014.
The order noted that following a raid, the accounts of main accused (son) Ram Lal Patidar and his parents Dhooli and Panu Devi were seized. The stree-dhan belonging to the man's wife and his daughter-in-law was also seized. Land documents were also confiscated.
The family moved the high court contending that no steps have been taken by the prosecution for the past 10 years to proceed with the trial and further attributed the prolonged delay to the lack of evidence against them.
The high court order while quashing the case against the parents and wife, noted that the allegations in the chargesheet were primarily against Patidar and his brother. However, the brother was not being prosecuted due to lack of prosecution sanction.
“This delay, despite no fault on the part of the petitioners, violates their right to a fair and speedy trial. The absence of any progress, despite the charge sheet being filed in 2014, raises serious concerns about the administration of justice. Such delay undermines the legal principle that justice delayed is justice denied. No doubt, conversely, justice hurried is justice buried. But the case in hand is of former category and not latter,” the court said.