No progress in Dube murder case trial after SC stay in Nov 2008

The special public prosecutor in the Suresh Dube murder case has urged a government pleader in Delhi to mention before the Supreme Court that the trial in the case had come to a standstill since its stay in November 2008. Special public prosecutor advocate Satish Mishra had written in January 2009 to state government pleader at the Supreme Court,Ravindra Adsure,to bring to the notice of the bench a previous order of 2006 in which the Supreme Court had directed the trial to be conducted on a day-to-day basis.

The stay on the trial came on a special leave petition (SLP) filed by Jayendra alias Bhai Thakur,brother of Vasai MLA Hitendra Thakur and one of the five accused in the Dube murder case. Bhai Thakur had filed the SLP against the use of evidence against him deposed by those witnesses in the previous trial who are now deceased. Trial in the murder case had to proceed a second time against those accused,such as Bhai Thakur,who were not available during the previous trial,wherein six of the 17 accused were convicted by the supreme court in 2000.

In January 2009,the Supreme Court had reserved the judgment in SLP filed by Bhai Thakur. There are 10 witnesses,who are no longer alive,whose evidences are to be used against Thakur and others as per the order of TADA court at Pune.

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“The prosecution has already examined 102 witnesses till October 2008. Since then,the trial has come to a standstill in this case. “I have urged the government pleader to mention the previous order of SC wherein it has directed the trial to be expedited,” said special public prosecutor Mishra.

State government pleader Adsure said that he was aware of previous court order to expedite trial and also aware that the trial has come to a standstill due to the stay. “I have consulted the state home ministry officials who have advised against mentioning before the court. There are some things which are not done and asking the court to deliver order is one of them,” said advocate Adsure.

The Supreme Court has issued directive to the high courts to deliver order within six months of reserving the judgment.