Supreme Court Expresses Concern Over 649 Pending Cases in Maharashtra Due to Delay in Framing Charges
The Supreme Court has raised serious concerns over the pendency of 649 criminal cases in Maharashtra due to delays in framing charges, despite charge sheets being filed years ago.
Supreme CourtMaharashtraCriminal CasesDelayed TrialsUndertrialsReal Estate MaharashtraOct 29, 2025
“To say the least, it is a reflection of a very shocking state of affairs, insofar as the conduct of trials before different courts in the state of Maharashtra is concerned,” the bench of Justices Sanjay Karol and NK Singh said on October 9, after reviewing an affidavit filed by the Bombay High Court registry. The affidavit detailed the status of undertrials across Maharashtra whose charges had not been framed despite charge sheets being filed years ago.
The apex court bench had, on September 9, directed the Registrar General of the Bombay High Court to explain why the trial of Shubham Ganpati alias Ganesh Rathod had not commenced, even though the charge sheet was filed in July 2021. The bench also directed the Registrar General to gather data on other undertrials across Maharashtra whose charges remained pending despite charge sheets being filed four or more years ago.
Rathod, an accused in a murder case in Pimpri Chinchwad, was arrested in April 2021. He had approached the Supreme Court in May 2025, challenging the Bombay High Court’s order from 2024 denying him bail. While hearing Rathod’s petition on September 9, the Supreme Court bench observed that his prolonged pre-trial detention violated the fundamental right to a speedy trial guaranteed under Article 21 of the Constitution. Rathod had been in custody for more than four years, yet his status remained the same as it was on day one of his incarceration, the bench noted. The court directed the high court to ascertain the reasons for the delay and examine all similar cases across the state.
On October 7, the Registrar General of the high court filed an affidavit in compliance. The apex court found the contents of the affidavit alarming, as the main reasons for the delay in framing charges were non-production of the accused, pendency of various pleas and applications, absence of advocates, and refusal of accused to sign charges.
“The affidavit reveals that there are at least 649 cases in which charges are yet to be framed, despite filing of charge sheets, in certain cases way back in the year 2006, 2013, 2014, and onwards till the year 2020,” the top court said on October 9. The apex court noted that the high court had already issued circulars earlier this year mandating the physical or virtual production of undertrial prisoners to avoid unnecessary adjournments. The court sought to know whether those directions were being followed in letter and spirit.
The Supreme Court’s concern highlights a systemic issue in the judicial process in Maharashtra, where the delay in framing charges can lead to prolonged detention of undertrials, violating their fundamental rights. The court’s intervention is expected to prompt immediate action to address these delays and ensure fair and timely justice for all accused individuals.
Frequently Asked Questions
What is the main concern raised by the Supreme Court regarding criminal cases in Maharashtra?
The Supreme Court is concerned about the pendency of 649 criminal cases in Maharashtra where charges have not been framed despite charge sheets being filed years ago.
Why did the Supreme Court direct the Registrar General of the Bombay High Court to file an affidavit?
The Supreme Court directed the Registrar General to explain the delay in the trial of Shubham Ganpati alias Ganesh Rathod and to gather data on other undertrials whose charges remained pending despite charge sheets being filed four or more years ago.
What are the main reasons for the delay in framing charges as per the affidavit filed by the Bombay High Court?
The main reasons for the delay in framing charges include non-production of the accused, pendency of various pleas and applications, absence of advocates, and refusal of accused to sign charges.
How does the delay in framing charges affect the accused individuals?
The delay in framing charges can lead to prolonged detention of undertrials, violating their fundamental right to a speedy trial guaranteed under Article 21 of the Constitution.
What measures has the Bombay High Court taken to address these delays?
The Bombay High Court has issued circulars mandating the physical or virtual production of undertrial prisoners to avoid unnecessary adjournments. The Supreme Court is seeking to ensure these directives are being followed effectively.
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