"Now, we have reached a stage where either you will be acquitted or you will be convicted or after the delay of 37 years in the trial, can we give quietus to the case," a bench comprising justices H L Dattu and C K Prasad said.
The bench made the remarks during the hearing of the petition filed by 65-year-old advocate Ranjan Dwivedi seeking quashing of the trial against him in the 1975 murder case of Mishra.
Mishra was killed in a bomb blast in a function at the Samastipur Railway station in Bihar on January 3, 1975, and Dwivedi, who was 24-year-old at that time, was made accused along with three Anand Margas members, one of whom has died.
Senior advocate T R Andhyarujina, who described the case as "unique", wanted to know from the court that when "there is no end of the case in sight," can the system "tolerate this type of trial which is going on for 36-37 years" and which violates the fundamental rights of right to life and liberty under Article 21 of the Constitution.
"How could the sword be hanging over the head for 37 years"? he said.
The Bench, which heard the arguments for two hours, asked Andhyarujina to think and answer by tomorrow whether it could ask the trial court to expeditiously carry forward the trial and conclude it in a time-bound manner.
"Before we hear it further, can we tell the trial court that both the parties would cooperate and it will conclude the trial within three months. Think about it and tell tomorrow," the bench said.
