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‘Can’t allow misery to be elongated any further’: Punjab and Haryana HC criticises 32-year delay in murder convict’s appeal

The Punjab and Haryana High Court admitted the appeal of the convict and said the jail authorities ought to have taken steps to get his appeal filed if he was not able to file it himself.

Punjab-and-haryana-HC fieThe Punjab and Haryana High Court expressed grave concern over the prolonged incarceration of the convict without any appeal being filed on his behalf. (Express Photo)

In a strongly worded order that pulls up the jail and legal aid machinery, the Punjab and Haryana High Court has condoned a staggering delay of 11,740 days in filing an appeal by a man who has already spent 32 years behind bars in Haryana for a 1992 murder.

A bench of Justices Ashwani Kumar Mishra and Justice Rohit Kapoor last week expressed grave concern over the prolonged incarceration of the convict, Ramesh, without any appeal being filed on his behalf.

“It is a matter of concern that despite such a long period of incarceration, no appeal was filed on behalf of the applicant-appellant. The jail authorities ought to have taken steps to get the appeal filed if the appellant was not able to file his appeal himself,” the bench observed.

The judges added, “We cannot allow the misery to be elongated any further by following the routine procedure of granting time to the State to file reply in the matter… For any delay attributed to the Jail authorities or the legal aid defence mechanism, the applicant-appellant cannot be made to suffer.”

The court admitted the appeal (CRA-D-431-2026) and directed the trial court record to be summoned. The matter has been listed for regular hearing before an appropriate bench on May 2.

The appeal was filed only after the deputy superintendent of the Karnal district prison forwarded Ramesh’s request to the High Court Legal Services Committee in March 2026. The committee assigned the case to legal aid counsel Sanjeev Sharma, who discovered the massive delay while preparing the papers.

Sharma appeared for Ramesh and successfully argued the application to condone the delay.

Clarification sought from Karnal DLSA secretary

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The bench also issued a specific direction to the Karnal District Legal Services Authority secretary, asking him to file a clarification on why no appeal was filed earlier and whether appropriate applications had been moved in other connected matters. The registry has been told to communicate the order to the secretary through the member secretary of the Haryana State Legal Services Authority.

Ramesh was convicted on November 19, 1993, by the Karnal sessions judge in Sessions Case No. 51 of 1992 (FIR No. 92 dated February 28, 1992, Sadar Karnal police station) under Section 302, read with Section 34 of the Indian Penal Code. He was sentenced to life imprisonment and a fine of Rs 500 (with six months’ additional rigorous imprisonment in default).

According to the appeal filed through Sanjeev Sharma, the incident took place on the evening of February 27, 1992. The prosecution alleged that Ramesh and his father Phool Singh attacked Pritam Singh, son of Hakam Singh, with a knife over previous enmity. Pritam Singh died on the way to a hospital. The alleged eyewitnesses were Partap Singh (brother of the deceased) and Narayan Singh.

The grounds of appeal highlight serious contradictions in the prosecution’s story and claim false implication due to a prior kidnapping case. About a year earlier, Pritam Singh and one Subhash had allegedly kidnapped Ramesh’s sister. Both were chargesheeted but later acquitted, giving the prosecution witnesses a motive to falsely implicate the family, the appeal contends.

Key points raised in the appeal

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• Inconsistent timings of the occurrence given by the two eyewitnesses (7-8 pm vs 7-7.30 pm vs 6.30-7 pm), while sunset on the day was at 6.26 pm.

• Neither witness made any attempt to physically intervene to save Pritam Singh.

• The trial court allegedly failed to appreciate that the motive was a “double-edged sword” and that the prosecution had not proved its case beyond reasonable doubt.

Ramesh has already served 32 years and 10 days in custody as per the certificate dated November 4, 2025.

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Separate applications for the suspension of the sentence and a stay on fine recovery were also filed but are yet to be decided.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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