Hello, I am seeking legal advice regarding a long-pending murder case in India that has been delayed for decades due to judicial inaction and alleged influence by the accused. Despite multiple hearings, there has been no progress.

Background of the Case:

In 1978, my grandmother (aged 36) and my elder uncle (aged 12) were shot and killed over a land dispute in our village in Aligarh district, Uttar Pradesh.

My father (aged 7 at the time) and his three other siblings (two sisters and one brother, aged 7, 8, and 7) were also shot but survived.

My grandfather, using his licensed firearm, managed to deter the attackers, preventing further casualties.

Legal Proceedings and Conviction:

The case went to trial in Aligarh Sessions and Criminal Court, and in 1982, the accused were convicted and sentenced to life imprisonment.

The convicts filed an appeal in the Allahabad High Court and managed to secure bail in 1984, meaning they have been out of jail for nearly 40 years.

Since then, the case has seen 46 hearings, yet no substantial progress has been made in the appeals process.

Judicial Obstruction & Missing Case Paper Book:

Over the years, it has become evident that the accused have strong political and judicial connections within the Aligarh Sessions Court.

The case paper book was mysteriously lost in Aligarh Sessions Court, which has further delayed the case.

The Allahabad High Court ordered the case paper book to be reconstructed, but no action has been taken on this order.

Current Status and Concerns:

Despite multiple hearings, the case remains stagnant, allowing the convicts to remain free for decades.

The lack of progress suggests deliberate attempts to suppress the case by exploiting legal loopholes and delaying tactics.

Our family has been seeking justice for over 45 years, yet the appeals process has not reached a conclusion.

Legal Advice Sought:

Given this prolonged delay and the accused’s continued influence, we are looking for legal remedies to move the case forward.

1. Can we file a petition in the Allahabad High Court or Supreme Court to expedite the case?

2. What legal provisions exist to counter deliberate case delays due to lost documents and judicial interference?

3. Is it possible to seek the cancellation of the accused’s bail based on the prolonged delay and non-cooperation?

4. Can we file a writ petition in the Supreme Court under Article 32 or in the Allahabad High Court under Article 226 to ensure the case moves forward?

5. Would a Public Interest Litigation (PIL) help in exposing the systemic failure in our case?

6. Are there any government or judicial bodies we can approach to seek intervention, such as the NHRC (National Human Rights Commission) or the Law Commission of India?

We have exhausted all regular means, but given the strong connections of the accused, no substantial progress has been made. If there are any legal experts or people with experience in similar cases, your guidance would be invaluable.

Conclusion:

This is not just about seeking justice for my grandmother and uncle, but also about ensuring that a deliberate delay in the judicial process does not deny justice indefinitely. If anyone has experience dealing with such cases or knows legal strategies that could work in such a situation, please advise us on the best course of action.