Shraddha Walkar murder case: Brother moves Delhi HC seeking time-bound completion of trial, cites prolonged delay

The brother of Shraddha Walkar has approached the Delhi High Court seeking directions for the time-bound completion of the trial in the sensational 2022 murder case, alleging that prolonged delays have delayed justice for the family and prevented them from performing her last rites as the mortal remains continue to remain part of the case property.

The brother of Shraddha Walkar has approached the Delhi High Court seeking directions for the time-bound completion of the trial in the sensational 2022 murder case, alleging that prolonged delays have delayed justice for the family and prevented them from performing her last rites as the mortal remains continue to remain part of the case property. The petition is listed for hearing on Friday before a Bench of Justice Madhu Jain.

The writ petition has been filed by Shreejay Vikas Walkar, brother of the deceased, through Advocate Seema Kushwaha, seeking a direction to the trial court to conclude the sessions trial pending before the Additional Sessions Judge (FTC), Saket Courts, within a fixed timeframe. The petition has been filed under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to the petition, the criminal trial has remained pending for an inordinately long period despite substantial progress in the recording of evidence. It contends that the delay has frustrated the constitutional guarantee of a speedy trial under Article 21 and has caused continuing prejudice to the victim's family.

The plea states that the dismembered body parts recovered during the investigation continue to remain in the custody of the investigating agency and the trial court as material exhibits. Consequently, the family has been unable to perform Shraddha Walkar's last rites and accord her a dignified farewell. It argues that the right to dignity under Article 21 extends to the dignified treatment and disposal of the dead and that the continued retention of the remains because of the pendency of the trial amounts to a continuing constitutional injury. The petition further claims that although the Sessions Court had, on July 6, 2024, directed that the matter be disposed of as expeditiously as possible and that proceedings be conducted on a day-to-day basis, repeated adjournments have frustrated the object of that order. It also alleges that the accused has repeatedly challenged orders passed by the trial court before the High Court with the intent of delaying the proceedings.

Referring to the present stage of the trial, the petitioner states that out of 221 prosecution witnesses, 171 have already been examined while 50 witnesses remain to be examined. Despite this substantial progress, the trial has not concluded, the plea said. The petition also states that the victim's father passed away during the pendency of the proceedings without witnessing the conclusion of the trial or being able to perform his daughter's last rites. It says the victim's brother is now pursuing the proceedings as the surviving legal representative with the expectation that justice should not be defeated by delay.

Among the reliefs sought, the petitioner has requested the High Court to direct the trial court to conclude the proceedings within a fixed period, refrain from granting unnecessary adjournments except in exceptional circumstances recorded in writing, and pass any other appropriate orders in the interest of justice. The petition clarifies that it does not seek any direction on the merits of the prosecution or the defence and is confined to securing the expeditious conclusion of the trial so that the mortal remains can be released for the performance of the last rites. The Shraddha Walkar murder case pertains to the alleged killing of 27-year-old Shraddha Walkar in May 2022 by her live-in partner, Aaftab Amin Poonawala, in Delhi. According to the prosecution, Poonawala allegedly strangled Walkar, dismembered her body, stored the remains in a refrigerator, and disposed of them at various locations in and around the city. The trial is presently pending before the Saket District Courts. (ANI)