TMI Blog2017 (3) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... upplement to Section 436A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time; (e) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports. (emphasis added) (ii) The High Courts are requested to ensure that bail applications filed before them are decided as far as possible within one month and criminal appeals where accused are in custody for more than five years are concluded at the earliest; (iii) The High Courts may prepare, issue and monitor appropriate action plans for the subordinate courts; (iv) The High Courts may monitor steps for speedy investigation and trials on administrative and judicial side from time to time; (v) The High Courts may take such stringent measures as may be found necessary in the light of judgment of this Court in Ex. Captain Harish Uppal (2002 (12) TMI 562 - SUPREME COURT OF INDIA) . - CRIMINAL APPEAL NO.509 OF 2017, CRIMINAL APPEAL NO.511 OF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal is not heard for 5 years, excluding the delay for which the accused himself is responsible, bail should normally be granted. The second case is not covered by the said judgment as the pending appeal in the High Court is of the year 2013. 7. In Abdul Rehman Antulay and ors. v. R.S. Nayak and anr. (1992) 1 SCC 225 Para 86 while holding that speedy trial at all stages is part of right under Article 21, it was held that if there is violation of right of speedy trial, instead of quashing the proceedings, a higher court can direct conclusion of proceedings in a fixed time. In the light of these principles, the present appeals can be disposed of by directing that the pending trial in the first case and the appeal in the second case may be disposed of within six months. We order accordingly and dispose of the matters to the extent of grievance in the two cases. II 8. However, since the issue is arising frequently, inspite of earlier directions of this Court, further consideration has become necessary in the interest of administration of justice and for enforcement of fundamental right under Article 21. 9. As already noticed, speedy trial is a part of reasonable, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncern of the learned counsel for the petitioners that undertrials should not languish in jails for long spells merely on account of their inability to meet monetary obligations. We are, however, of the view that such monitoring can be done more effectively by the High Courts since it would be easy for that Court to collect and collate the statistical information in that behalf, apply the broad guidelines already issued and deal with the situation as it emerges from the status reports presented to it. The role of the High Court is to ensure that the guidelines issued by this Court are implemented in letter and spirit. We think it would suffice if we request the Chief Justices of the High Courts to undertake a review of such cases in their States and give appropriate directions where needed to ensure proper and effective implementation of the guidelines. Instead of repeating the general directions already issued, it would be sufficient to remind the High Courts to ensure expeditious disposal of cases . (emphasis added) 11. Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21. While deprivation of personal liberty for some peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e delay attributable to the convict or his counsel can be deducted. There may be cases where even after the lapse of 5 years the convicts may, under the special circumstances of the case, be held not entitled to bail pending the disposal of the appeals filed by them. We request the Chief Justices of the High Courts, where the criminal cases are pending for more than 5 years to take immediate effective steps for their disposal by constituting regular and special Benches for that purpose. 15. Again in Imtiyaz Ahmad v. State of Uttar Pradesh and Ors. (2012) 2 SCC 688 it was observed that long delay has the effect of blatant violation of rule of law and adverse impact on access to justice which is a fundamental right. Denial of this right undermines public confidence in justice delivery. These observations have been reiterated in recent Constitution Bench judgment in Anita Kushwaha etc. etc. v. Pushap Sudan etc. etc. (2016) 8 SCC 509 para(s) 31-36 . In the said judgment it was noticed that providing effective adjudicatory mechanism, reasonably accessible and speedy, was part of access to justice. 16. In Bhim Singh V. Union of India (2015) 13 SCC 603, it was o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as provided. In that context, the Prime Minister s letter to the Chief Ministers calling upon them to allocate funds in the State Budgets was also referred to. Further follow up letter of the Law Minister and Resolution of Chief Justices Conference held in April, 2016 were also referred to. Thereafter, this Court issued directions for computing the required judge strength of the district judiciary and also directed the State Governments to take steps for enhancing the judge strength accordingly. The directions are as follows: 22. Having regard to the above background, we now proceed to formulate our directions in the following terms : i) Until NCMSC formulates a scientific method for determining the basis for computing the required judge strength of the district judiciary, the judge strength shall be computed for each state, in accordance with the interim approach indicated in the note submitted by the Chairperson, NCMSC; ii) NCMSC is requested to endeavour the submission of its final report by 31 December 2017; iii) A copy of the interim report submitted by the Chairperson, NCMSC shall be forwarded by the Union Ministry of Law and Justice to the Chief Justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than five years are concentrated shall facilitate their disposal in mission mode; (iii) High Courts shall progressively thereafter set a target of disposing of cases pending for more than four years; (iv) while prioritizing the disposal of cases pending in the district courts for more than five years, additional incentives for the Judges of the district judiciary be considered where feasible; and (v) efforts be made for strengthening case-flow management rules. 19. The position of five year old cases continues to be alarming in many States. Total number of more than five year old cases in subordinate courts at the end of the year 2015 is said to be 43,19,693 as noted in para 9 of the judgment of this Court dated 2nd January, 2017 in Imtiyaz Ahmad v. State of U.P. Ors. [Criminal Appeal No. 254-262 of 2012]. Number of undertrials detained for more than five years at the end of the year 2015 is said to be 3599. [Prison Statistics India-2015] Number of appeals pending in High Courts where detention period is beyond five years may be still higher. 20. It appears that annual action plans have been prepared by some High Courts with reference to the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the High Court. As far as possible, bail applications in subordinate courts should ordinarily be decided within one week and in High Courts within two-three weeks. Posting of suitable officers in key leadership positions of Session Judges and Chief Judicial Magistrates may perhaps go a long way in dealing with the situation. Non performers/dead word must be weeded out as per rules, as public interest is above individual interest. 21. Another suggestion which cropped up during the hearing of the present case relates to remedying the situation of delay in trials on account of absconding of one or the other accused during the trial. In this regard our attention has been drawn to an amendment in the Code of Criminal Procedure, 1898 of Bangladesh by way of adding Section 339B to the following effect: Trial in absentia 339B. (1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing cases and monitors implementation of such timelines periodically. This may perhaps obviate the need for seeking directions in individual cases from this Court. We also feel that it is desirable for Chief Justices of all the High Courts to take other steps consistent with the directions already issued by this Court for expeditious disposal of criminal appeals pending in High Courts where persons are in custody by fixing priority having regard to the time period of detention. We also reiterate the directions for setting up of adequate number of forensic laboratories at all levels. Specification of some of these issues is in addition to implementation of other steps including timely investigation, timely serving of summons on witnesses and accused, timely filing of charge-sheets and furnishing of copies of charge-sheets to the accused. These aspects need constant monitoring by High Courts. 25. One other aspect pointed out is the obstruction of Court proceedings by uncalled for strikes/abstaining of work by lawyers or frequent suspension of court work after condolence references. In view of judgment of this Court in Ex. Captain Harish Uppal versus Union of India (2003) 2 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up: (i) The High Courts may issue directions to subordinate courts that (a) Bail applications be disposed of normally within one week; (b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years; (c) Efforts be made to dispose of all cases which are five years old by the end of the year; (d) As a supplement to Section 436A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time; (e) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports. (emphasis added) (ii) The High Courts are requested to ensure that bail applications filed before them are decided as far as possible within one month and criminal appeals where accused are in custody for more than five years are concluded at the earliest; (iii) The High Courts may prepare, issue and monitor app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
