Senior Advocate Sidharth Luthra Appointed Amicus Curiae in the Supreme Court’s Examination of Charge-Framing Delays Under the BNSS
The Supreme Court of India has appointed Senior Advocate Sidharth Luthra as amicus curiae in a matter of significant national importance concerning the Court’s review of persistent delays in the framing of charges under the Bharatiya Nagarik Suraksha Sanhita (BNSS). His appointment places him at the centre of a judicial initiative aimed at improving efficiency, fairness, and public trust in the administration of criminal justice.
The Bench has recorded its concern that in numerous jurisdictions, charges are not framed for several months or, in some instances, even years after the filing of a chargesheet. Such delays impede trials, increase the burden on courts, and compromise the essential right to timely justice for both complainants and accused persons. Under the BNSS, the framing of charges is guided by a structured timeframe, and the Court is now actively considering the issuance of nationwide directions to ensure uniform compliance.
In this context, Mr Luthra’s role as amicus is substantive and vital. Since his appointment, he has undertaken detailed efforts to obtain accurate district-level and High Court-level data from judicial registries, thereby enabling the Supreme Court to assess the issue through verified information rather than anecdotal accounts. His emphasis on evidence-based reform has guided the Court to call for systematic and contemporaneous data collection across states. This approach ensures that any eventual directions rest upon a sound empirical foundation.
Mr Luthra’s appointment reflects his distinguished reputation in the field of criminal law, his earlier service as Additional Solicitor General of India, and his extensive experience in constitutional litigation and justice administration. His parallel engagement with academia, including his tenure as the K. L. Arora Chair Professor in Criminal Law at NLU Delhi, equips him uniquely to advise the Court on reforms that balance procedural efficiency with fairness and due process.
Legal commentators have observed that meaningful reform in the charge-framing process must account for a range of structural and procedural factors. These include judicial capacity, the readiness of the prosecution, coordination between investigative and prosecuting agencies, and adherence to statutory timelines. Mr Luthra’s approach acknowledges this complexity. By advocating for a structured and data-led diagnosis of the problem, he is assisting the Supreme Court in formulating directions that are practical, implementable, and capable of strengthening the integrity of the criminal justice system.
For the countless individuals who depend upon timely adjudication, this initiative represents a foundational step towards a more responsive system of justice. With Senior Advocate Sidharth Luthra contributing as an independent, principled, and deeply experienced voice, the Court’s endeavour rests upon a thorough, informed, and credible footing.
