'Tarikh Pe Tarikh' Isn't Judges' Fault: Allahabad HC Slams State, Police for Criminal Case Backlog

In a scathing indictment of Uttar Pradesh's criminal justice system, the Allahabad High Court has declared that the notorious delays symbolized by the iconic Damini dialogue— " Tarikh pe tarikh milti rahi hai... lekin insaf nahi mila " —stem primarily from state government and police shortcomings, not overburdened judges. Justice Arun Kumar Singh Deshwal, in a bail rejection order ( 2026 LiveLaw (AB) 267 ), summoned top officials including DGP Rajeev Krishna and Home Secretary Mohit Gupta, exposing systemic rot and issuing transformative directives.

Murder Probe Lapse Sparks Judicial Firestorm

The trigger was a routine bail plea in a Fatehpur murder case (Crime No. 290/2025 under Sections 103(1), 238, 309(6), 317(2) of Bharatiya Nyaya Sanhita). Applicant Mevalal Prajapati allegedly killed a man whose body was never found, but an e-rickshaw and blood-stained screwdriver were recovered on his disclosure. The investigating officer's failure to query the Forensic Science Laboratory (FSL) on whether the blood matched the victim's prompted the court to summon the FSL Director, revealing deeper woes: only 8 of 12 UP FSLs can do DNA profiling, crippled by staff shortages and outdated equipment.

This snowballed into a comprehensive critique, drawing from feedback across nine districts like Sambhal and Ghaziabad.

Defense Plea: No Eyewitness, Flimsy Recovery

Prajapati's counsel, Dinesh Mishra, argued no eyewitnesses existed, implicating him solely via the e-rickshaw recovery and screwdriver with human blood (FSL-confirmed, but unlinked to victim). With no criminal history, a filed chargesheet, and 7 months in jail since October 2025, bail was urged to avoid trial misuse.

The state, via AGA Roshan Kumar Singh, countered with CDR evidence placing Prajapati near the scene on October 16, 2025, plus videographed recoveries under Section 105 BNSS tying to postmortem injuries.

Unmasking the Pendency Monster: 14 Key Culprits

Justice Deshwal's masterstroke was a district-wide study pinpointing pendency drivers:

  • Staff Starvation : Clerks juggling thousands of files; no stenographers or deposition writers.
  • Police Paralysis : Summons/warrants ignored (e-summons executed <50%, despite 84% claim); absconding accused exploit gaps.
  • FSL Fiascos : Delayed, incomplete reports; no routine DNA queries on bloodied evidence.
  • Tech Lag : Underuse of BNSS-mandated e-processes, speech-to-text for witness statements (Section 180 BNSS).

The court lambasted non-personal attendance by police chiefs at district monitoring cells, defying GOs and protocol (noting District Judges outrank Commissioners). It flagged 49% of UP ministers facing criminal cases (44% serious, per ADR report), arguing delays embolden repeat offenders into politics.

Judicial frustration peaked: "Many young judicial officers... found themselves unable to perform because of insufficient staff, non-cooperation by the police... and faulty investigation."

Security threats loomed large—judges face courtroom intimidations sans PSOs (unlike Punjab/Haryana).

Pivotal Quotes That Echo Across Court Halls

"The main reason for pendency of cases in district courts is not the capability of the judicial officers but because of shortage of staff, non-execution of court's process by the police and delay as well as incomplete FSL Report."

"Because of taking advantage of the pendency of criminal cases, many criminals kept on repeating the offences again and again without any fear, and even many of them also became MLAs, MPs, and even Ministers."

"An Independent, fair and transparent judicial system is the backbone of a mature democracy, and a judicial system that itself depends on the mercy of the State Government... will become like a government department struggling for basic needs."

Reforms Roadmap: From Directives to Action

Bail denied—CDR and recoveries sealed Prajapati's fate—but the order's legacy lies in 11 directives:

  • State Govt : Sanction district court staff/infra; grant FSL autonomy under Home Dept; fill vacancies, procure gear within a year; consider PSOs for all judges.
  • DGP : Mandate police chiefs' personal monitoring cell attendance; enforce DNA queries on blood evidence; log accused/witness digital details (email, WhatsApp) in chargesheets/CCTNS per Rule 8 E-Processes Rules 2026; rollout speech-to-text; penalize process negligence (Rule 31 BNSS Rules 2024).
  • Judges : Embrace e-FIRs, e-chargesheets, e-summons/warrants.

The order goes to UP CM; JTRI must train officers on BNSS/E-Processes Rules.

This blueprint could slash delays, fortifying BNSS 2023's digital thrust (Sections 193, 210). Future cases may cite it to demand compliance, shifting blame from benches to bureaucracy—potentially jailing the powerful while clearing the innocent.