By ordering the Kerala High Court to hear afresh the appeal in the Suryanelli sex scandal case and dispose it of in six months, the Supreme Court has delayed justice to not only the victim but also the accused. While setting aside the judgment of the High Court, it was the Supreme Court’s duty to test the sustainability of the trial court judgment and, if found sustainable, uphold it or re-appreciate the evidence and come to its own conclusions.
Even if the High Court decides the case on merit, the verdict will not be final as the case can be taken up in the Supreme Court. Litigants approach the Supreme Court for a final verdict and there is no justification in delaying justice indefinitely. The time has come to prohibit the practice of remanding cases to lower courts for re-hearing. This practice is also against the concept of fast track courts and speedy justice.
B. Ranjit Kumar, Kochi