Delay in the pre-trial stage not only renders justice ineffective, but also leads to erosion of evidence, the Supreme Court has said.

“The delay in justice delivery system not only renders justice ineffective but also ill-founded as it leads to erosion of evidence...,” a bench of justices Pinaki Chandra Ghose and R.K. Agrawal said.

The observation came in a verdict by which the apex court set aside the decision of the Madhya Pradesh High Court in a corruption case registered in 1998.

The High Court, in 2007, had discharged three persons, Rakesh Mishra and Gyanendra Singh Jadon, employees of Indore Municipal Corporation and businessman Sajid Dhanani, of graft charges framed earlier by a trial court.

“We may, however, express our disappointment of such extended litigation at the pre-trial stage itself,” the apex court said and asked the lower court to “conduct the trial in the most expeditious manner”.

The State Government had filed appeals against dropping of charges against civic agency officials, Rakesh Mishra and Gyanendra Singh Jadon. It, however, did not challenge the discharge of businessman Dhanani.

“Although we do not wish to comment on the merits of the case as this is the pre-trial stage, yet we are of the view that there exists sufficient material to make out a prima facie case against the accused. Therefore, these criminal appeals are allowed, the order passed by the High Court is set aside and the order of the Additional Sessions Judge framing charges is restored,” the apex court said.

It was alleged in the FIR that Dhanani, MD of Sayaji Hotel in Indore, Gyanendra Singh Jadon and Rakesh Mishra hatched a criminal conspiracy for illegal grant of building certificate and a completion certificate of the hotel.

As illegal gratification, the hotel management provided free lifetime ‘honorary membership’ to Jadon and his family members in the Sayaji Club.