Baljeet Singh Malik, an accused in the murder case of journalist Soumya Vishwanathan in 2008, has moved the Delhi high court, seeking a speedy trial and a compensation of Rs1 crore for the delay.

Malik - who had been convicted and awarded life imprisonment by a trial court for the murder of IT executive Jigisha Ghosh in 2009 and is in judicial custody — argued that the trial in the Vishwanathan case stretched for nine-and-a-half years.

Justice Mukta Gupta asked Delhi Police to file a status report, wanting to know their stand on Malik’s plea, who sought directions to the authorities to complete the trial in a fixed time and if possible, hear it on a day-to-day basis.

Issuing notice to the Delhi Police, the court said, “The trial court will also send the latest report as to why despite almost nine-and-a half years after the charge sheet was filed, the trial has not concluded. List the matter for further hearing on February 26.”

The court was hearing a petition filed by Malik alias Poppy, who alleged he had been languishing in prison due to the inadvertent delay in the trial in the Vishwanathan case.

According to the plea, filed through advocate Amit Kumar, Malik contended that he was falsely arrested in the case by the police because there was huge pressure on them to solve the murder. He said he was just 20 years old when he was arrested and since then he has been lodged in jail.

The petition said the prosecution cited 88 witnesses in their charge sheet and supplementary chargesheet, and to date, less than 60 per cent of these witnesses had been examined. It said even after nine-and-half-years, the trial is moving at snail’s pace.

Kumar, while appearing for Malik, said considering the pace at which the trial is going, it would take another four-five years for it to conclude. He said his client has not got bail as he has been charged with the stringent Maharashtra Control of Organised Crime Act, 1999 (MCOCA Act).

“The unreasonable delay in investigation and trial of the case is not only prejudiced the right of the petitioner (accused) but also the right of family of deceased (Soumya),” the plea read.

According to Malik’s counsel, his client wants to use the compensation for the welfare of the undertrial prisoners lodged in Tihar jail.

Stating that a speedy trial is a constitutional right, the plea said Malik had suffered immense mental, physical, social and emotional agony on the account of the long incarceration.

First Published: Feb 01, 2019 08:51 IST