Frame charges in 3 weeks: SC to trial court in 2023 ISKCON flyover accident case

The SC was hearing a petition filed by Patel seeking regular bail in the case after an August 4 order of the Gujarat High Court rejected a petition praying for regular bail.

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The SC will hear the case in the second week of December.

THE SUPREME Court has directed a trial court in Ahmedabad to frame charges in the ongoing July 2023 hit-and-run case at the ISKCON flyover in Vadodara that killed nine persons, pointing out that the eventual outcome of a discharge petition by the key accused, Tathya Patel, that is pending before the Gujarat High Court, would be applicable to the trial.

The bench of Justices M M Sundaresh and Satish Chandra Sharma, in an order dated November 3, directed the trial court in Ahmedabad to proceed with framing of charges in the case. The SC was hearing a petition filed by Patel seeking regular bail in the case after an August 4 order of the Gujarat High Court rejected a petition praying for regular bail.

During the course of the hearing, Patel’s lawyers submitted that the trial court was yet to frame charges in the case as Patel had filed a discharge petition that was pending before the Gujarat HC. The SC, in its order, made available on Tuesday, said, “…We direct the trial court to frame the charges within a period of three weeks from the date of receipt of a copy of this order. The trial court shall, thereupon proceed with the examination of the eyewitnesses. This direction has to be complied with, notwithstanding the pendency of the criminal revision proceedings before the High Court…”

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The SC added that the HC can decide Patel’s discharge petition as the charges framed by the trial court would be subject to the eventual decision. The SC order states, “We make it clear that the HC is at liberty to proceed with the pending criminal revision petition, notwithstanding the pendency of the present (petition before SC)… We further observe that the framing of charges would not make the pending proceeding before the High Court infructuous as it would be subject to the order passed by it.”

Patel’s counsel in the HC, Senior Advocate I H Syed, told The Indian Express on Tuesday that the petition before the Gujarat HC seeks discharge in Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code – one of the sections under which the FIR has been registered with SG Highway 02 Traffic Police Station in Ahmedabad city. Syed said, “The trial is pending before the Ahmedabad court but we have also moved a petition before the Gujarat HC contending that the case is maintainable under IPC 304-A (which deals with causing death by rash or negligent act) and not under IPC 304. The SC has now directed that the trial court must proceed with framing charges with the condition that the outcome of the HC’s decision in the discharge plea will thereafter also be applicable to the trial court. If needed, the charges may be revised.”

Patel was booked under IPC Sections 279 (rash driving), 337 (causing hurt by rash or negligent act that endangers life or personal safety), 338 (causing grievous hurt to another person through rash or negligent act that endangers life or personal safety), 304 (culpable homicide not amounting to murder), 504 (intentional insult with intent to provoke breach of peace), 506(2)[criminal intimidation] and 114 (abettor present when crime is committed)

The SC will hear the case in the second week of December.