The Supreme Court has termed the 45-year-long ordeal in a double murder case as a “failure of the judicial system”, observing that while a heinous crime went largely unpunished, the accused was subjected to a prolonged criminal process lasting several decades.
A bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran passed the order on August 19, 2026, in a Special Leave Petition filed by Simon Soren against the judgment of the Jharkhand High Court.
Double murder committed in 1981
The case relates to a double murder committed in 1981. Six persons were originally arrayed as accused. According to the Supreme Court's order, two accused died before charges could be framed, while three of the four persons ultimately convicted died during the pendency of the criminal appeal before the High Court.
The surviving accused, Simon Soren, is now around 70 years old and suffers from multiple ailments.
The Court noted that despite the conviction, Soren had spent only 2 years, 4 months and 12 days in custody in total.
22 years to complete trial, another 22 years for appeal
The Supreme Court expressed serious concern over the extraordinary delay in the proceedings.
The crime was committed in 1981, while charges were framed only in 1991. The trial thereafter took another 12 years to conclude. Following conviction, the criminal appeal remained pending before the High Court for approximately 22 years before being dismissed in 2024.
The Court observed that the case demonstrated a situation where “a crime went unpunished” while the accused was subjected to the “torture of a prolonged trial” lasting decades.
Case transferred five times after framing of charges
The Supreme Court also took note of the report submitted by the District and Sessions Judge concerning the reasons for the delay.
While the State explained that the accused had remained absconding for six years, the Court observed that there was no explanation for the subsequent 12-year delay in completing the trial after charges were framed in 1991.
The Court further noted that the case was transferred from one court to another five times during the 11 years after framing of charges.
Supreme Court suspends sentence
Despite acknowledging the seriousness of the double murder, the Supreme Court said it could not ignore the ordeal suffered by the accused over the last 45 years.
Taking into consideration his age, medical condition and the State's affidavit confirming that he was admitted to a hospital while in custody, the Court suspended his sentence.
The Court directed that Soren be released forthwith, subject to the condition that he would not commit any crime while on bail and on furnishing his personal surety.
Supreme Court seeks original records and explanation for delay
The Court directed that the original records of the case be requisitioned in both physical and digital form and sent by the High Court/Trial Court within four weeks.
It also took serious note of the High Court Registrar General's report concerning the shocking pendency of criminal appeals.
Since the Supreme Court was concerned with the large-scale pendency of criminal appeals, it permitted the petitioner to implead the Union of India in the proceedings.
The matter has been listed for further hearing on September 18, 2026.
Case Name: Simon Soren v. State of Jharkhand
Court: Supreme Court of India
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Case No.: Special Leave Petition (Criminal) No. 13759/2026
Representation:-
For Petitioner(s) : Ms. Fauzia Shakil, AOR Ms. Nazmeen Ahmed, Adv.
For Respondent(s) : Ms. Pallavi Langar, AOR Mr. Sujeet Kumar Chaubey, Adv. Ms. Anushka Ragunath, Adv. Mr. Ninad Laud, Adv. Mr. Zubin Dash, Adv. Mr. Deb Ganapathy, Adv. Ms. Mishi Gupta, Adv. Ms. Narain Rashika Ashok, AOR
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