NEW DELHI: The brother of Shraddha Walkar has moved the Delhi high court, seeking directions for the time-bound completion of the trial in the sensational 2022 murder case. He alleged that repeated delays have denied the family justice and prevented them from performing her last rites, as her mortal remains continue to be retained as 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).The petition states that the criminal trial has remained pending for an inordinately long period despite substantial progress in recording evidence. It argues that the delay has undermined the constitutional guarantee of a speedy trial under Article 21 and caused continuing hardship 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. As a result, the family has been unable to perform Shraddha Walkar’s last rites or give her a dignified farewell. It contends that the right to dignity under Article 21 extends to the dignified treatment and disposal of the dead, and that the continued retention of her mortal remains due to the pendency of the trial amounts to a continuing constitutional injury.The petition further states that although the Sessions Court, on July 6, 2024, directed that the case be disposed of expeditiously and that proceedings be conducted on a day-to-day basis, repeated adjournments have defeated the purpose of that order. It also alleges that the accused has repeatedly challenged the trial court’s orders before the Delhi High Court with the intention 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 further states that the victim’s father passed away during the pendency of the trial without seeing the proceedings conclude or being able to perform his daughter’s last rites. It says Shraddha Walkar’s brother is now pursuing the matter 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 sensational Shraddha Walkar murder case pertains to the alleged killing of 27-year-old Shraddha Walkar by her live-in partner, Aaftab Amin Poonawala, in Delhi in May 2022. The prosecution alleges that Poonawala strangled Walkar, dismembered her body, stored the remains in a refrigerator, and disposed of them at various locations across the city. The trial is currently pending before the Saket District Courts.(With agency inputs)
