DelhiHighCourt – Shraddha Walkar Family Seeks Time-Bound Completion of Murder Trial
DelhiHighCourt – The family of Shraddha Walkar has moved the Delhi High Court, requesting a fixed timeline for the completion of the ongoing murder trial linked to the widely discussed 2022 case. In the petition, Shraddha’s brother has argued that the prolonged legal proceedings have not only delayed justice but have also prevented the family from performing her final rites because parts of her mortal remains continue to be preserved as evidence in the case.
Petition Listed Before Delhi High Court
The matter is scheduled to come up before a Bench led by Justice Madhu Jain. Shraddha’s brother, Shreejay Vikas Walkar, has filed the plea through advocate Seema Kushwaha. The petition seeks directions to the trial court to conclude the sessions case pending before the Additional Sessions Judge (Fast Track Court) at Saket Courts within a specified period.
The plea has been filed under Articles 226 and 227 of the Constitution along with the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to the petitioner, the case has remained pending for an extended period despite significant progress in recording evidence.
Delay Allegedly Affecting Right to Speedy Justice
The petition argues that the prolonged duration of the trial has undermined the constitutional principle of a speedy trial guaranteed under Article 21. It states that continued delays have placed an unnecessary burden on the victim’s family, who have been waiting for the legal process to conclude before they can carry out Shraddha Walkar’s last rites.
The plea further submits that the body parts recovered during the investigation continue to remain in official custody as material evidence for the trial. As a result, the family has not been able to perform customary funeral rituals or provide what they describe as a dignified farewell to the deceased.
Family Cites Right to Dignified Last Rites
According to the petition, the constitutional right to dignity extends beyond life and includes respectful treatment and disposal of mortal remains. The family has argued that retaining the remains solely because the trial is yet to conclude has caused continued emotional suffering and amounts to an ongoing violation of their constitutional rights.
The plea highlights that the inability to complete the final rites has prolonged the family’s grief for more than three years since the incident.
Previous Direction for Expedited Proceedings
The petition also refers to an order passed by the Sessions Court on July 6, 2024, which had directed that the proceedings should move forward as quickly as possible through day-to-day hearings. However, the petitioner claims that repeated adjournments have slowed the progress of the case despite that earlier direction.
It has also been alleged that the accused has repeatedly challenged various trial court orders before the Delhi High Court, resulting in additional delays in the proceedings.
Trial Progress and Witness Examination
The petition notes that the prosecution has already examined 171 witnesses out of a total of 221 listed witnesses. With only 50 prosecution witnesses yet to testify, the family believes the case has reached a stage where it can be concluded within a reasonable timeframe if hearings proceed without avoidable interruptions.
The plea therefore requests the High Court to instruct the trial court to avoid unnecessary adjournments except in exceptional situations that are supported by written reasons.
Father Passed Away During Pendency of Case
The petition also points out that Shraddha Walkar’s father died while the trial was still pending. According to the filing, he was unable to witness the conclusion of the proceedings or perform his daughter’s last rites. Shraddha’s brother is now pursuing the legal process as the surviving family representative and has urged the court to ensure that justice is not further delayed.
The petition clarifies that it does not seek any direction regarding the merits of either the prosecution or the defence. Instead, it is limited to securing the timely completion of the trial so that the legal process can conclude and the family can receive Shraddha Walkar’s remains for the final rites.
The case relates to the alleged murder of 27-year-old Shraddha Walkar in May 2022. According to the prosecution, her live-in partner, Aaftab Amin Poonawala, allegedly killed her, dismembered her body, stored the remains in a refrigerator, and later disposed of them at multiple locations across Delhi. The criminal trial is currently continuing before the Saket District Courts.