Supreme Court Directs All High Courts To Revive Day-To-Day Trial System To Ensure Speedy Justice

New Delhi: The Supreme Court on Thursday has expressed grave concern over the delay in trial proceedings, especially in sensitive cases, and has directed all High Courts to set up committees to revive the practice of conducting trials on a day-today basis. Observing speedy trial is part of the fundamental right to life and liberty under Article 21 of the Constitution, the judgment has been forwarded to all High Court Chief Justices for strict implementation in district judiciaries across the country.

A bench of Justice JB Pardiwala and Justice KV Viswanathan stressed that speedy and continuous trial hearings are essential for justice delivery and must become the norm once again, as they were three decades ago.

The Court was hearing an application filed by the Central Bureau of Investigation (CBI) seeking cancellation of bail granted to Mir Usman @ Ara @ Mir Usman Ali, an accused in a rape case linked to the 2021 West Bengal post-poll violence. While the bench refused to cancel the bail, noting that the accused had already been out of custody for almost a year, it made it clear that the primary objective was to ensure that the trial proceeds without unnecessary delay. As reported by Live Law

The bench expressed particular concern over the adjournment of the victim’s cross-examination to December 18, 2025, after she had already stepped into the witness box.

The Court warned that such long adjournments could “unwittingly facilitate the accused to tamper with the prosecution witnesses.” Following this, the date was preponed to October 24, 2025, with directions to the Public Prosecutor to ensure the victim’s presence. The Court further ordered that once the victim’s oral evidence is completed, all other witnesses must be examined quickly, and the trial should be completed with judgment by December 31, 2025.

The trial court judge, in a status report dated September 11, 2025, explained that the victim’s evidence, scheduled for August 25, had to be adjourned because she suddenly fell ill while in the witness box. The judge also pointed to an exceptionally heavy caseload of 4,731 pending matters, including sessions, NDPS, SC/ST, Prevention of Corruption, and civil cases. The report cited the need to prioritize custody cases, comply with arrear reduction orders from the Calcutta High Court, and account for a month-long closure during the Durga Puja festival between September 27 and October 23.

In its judgment, the Supreme Court directed High Court Chief Justices to issue circulars mandating expeditious proceedings. It laid down specific guidelines: examination of witnesses must continue from day-to-day until completion, adjournments cannot be granted when witnesses are present except for special recorded reasons, and advocates’ convenience is not to be considered a ground for delay. Courts may cancel bail if an accused or counsel deliberately delays proceedings, appoint amicus curiae where lawyers fail to cooperate, or impose costs on the accused to compensate witnesses for wasted appearances.

The Court emphasized that presiding officers should prepare advance schedules for witness examination and that summons should be handed over to the Public Prosecutor to ensure service. It reminded that Section 309 of the Cr.P.C. (now Section 346 of the BNSS, 2023) requires proceedings to continue without interruption until all witnesses in attendance have been examined. For offences such as rape, the trial should ideally be completed within two months of filing the chargesheet.

The bench lamented that it had become “common practice and a regular occurrence” for trial courts to ignore this mandate.