The High Court of Jammu and Kashmir and Ladakh has issued strict instructions to trial courts across the union territories to expedite 351 long-pending criminal matters, setting completion deadlines ranging from four months to three years for the oldest cases.
The directive comes after the Supreme Court of India expressed sharp concern over protracted detentions and severe delays in concluding criminal proceedings, characterizing such lags as a violation of the constitutional right to a speedy trial.
Under orders issued on June 25 by High Court Registrar General M K Sharma, trial courts have been tasked with prioritizing a shortlisted group of 15 legacy cases for resolution within four months to three years. Additionally, lower courts were instructed to fast-track another 336 criminal cases in which defendants have endured prolonged incarcerations lasting 14 to 15 years.
Judicial Directives For Trial Courts
To accelerate the disposal of these cases, the High Court directed subordinate courts to place the designated trials at the top of their daily cause lists and avoid unnecessary adjournments. The court further instructed trial judges to ensure witness attendance, utilize videoconferencing and digital tools for recording evidence, and appoint legal aid counsel whenever defense representation issues threaten to delay proceedings.
Official records reveal that numerous undertrials across Jammu and Kashmir have spent between 10 and 15 years in custody without a verdict, with isolated instances exceeding 18 years of continuous imprisonment.
Incarcerated Beyond Maximum Sentence
Among the 15 primary cases prioritized by the High Court is that of Ghulam Nabi, a resident of Doda who has remained jailed for over 15 years—a duration exceeding the maximum statutory penalty for his alleged offenses.
Defense counsel Pervez Ahmed noted that Nabi was charged in 2010 under the former Ranbir Penal Code for attempted murder, criminal conspiracy, and harboring offenders, alongside provisions of the Arms Act. At the time of the alleged offenses, these charges carried a maximum penalty of 10 years imprisonment. Nabi also faces separate trials originating from 2009 and 2010 involving charges under the Explosive Substances Act, murder, theft, and weapons violations.
Decades-Old Murder And Cross-Border Drug Cases
The High Court list also highlights the 1996 abduction and murder of Srinagar contractor Ali Mohammad Mir. Abducted from his residence in Nishat by armed men, Mir was killed and his body was reportedly discarded in the Jhelum river, remaining unrecovered to this day.
Despite the incident occurring three decades ago, the police formal police complaint was registered only in 2007. Three of the six individuals named in the initial report have since died. Of the remaining three accused, two have been incarcerated since 2008, while the third was taken into custody in December 2025.
In another long-standing matter, Muzaffarabad truck driver Mohammad Shafeeq Awan has spent more than 12 years in custody following his arrest on January 17, 2014. Authorities intercepted Awan’s vehicle at the Salamabad Trade Facilitation Centre in Uri, recovering 114 kilograms of heroin hidden inside almond sacks.
The incident triggered a diplomatic dispute between India and Pakistan that temporarily halted cross-border trade and travel. Although two local traders implicated in brokering the shipment were subsequently released on bail, Awan remains detained. At the time of his arrest, offences involving commercial quantities of narcotics carried a maximum sentence of 20 years.
Supreme Court Scrutiny On Trial Delays
The High Court’s intervention follows stern observations by the Supreme Court earlier this year. In April, while presiding over a special leave petition, the apex court instructed the High Court to institute corrective measures for all criminal trials pending for more than five years.
That order followed a February hearing in which the Supreme Court criticized the prosecution for holding a murder suspect for seven years while examining only seven of 17 witnesses over 82 hearings. Calling the situation a mockery of the fundamental right to a speedy trial under Article 21 of the Constitution, the Supreme Court required the J&K Home Secretary to explain the systemic delays and submit detailed records of all undertrials held for five years or more.
