Excelsior Correspondent
Srinagar, Nov 26: The Division Bench of the High Court took serious note of the proceedings of a trial court in a criminal case and directed it to speed up its trial and sought fortnightly status reports. It said non-appearance of accused shows lack of juridical approach by the trial court.
The DB comprising Justice Ramalingam Sudhakar and Justice Ali Mohammad Magrey observed that no serious effort has been taken by trial court in over three years to seek, procure and ensure the attendance of an accused person before the Court to face trial and it gives an impression as if the accused persons are under the court’s patronage.
The court directed Principal Sessions Judge, Baramulla to ensure that the case is heard on day to day basis and in the event the Court is constrained to issue warrants, they shall be executed through the Senior Superintendent of Police concerned. “If any Police authorities refuse to co-operate or shows lethargy, the matter be referred to this Court for appropriate directions and orders”, DB added.
Court issued these orders after a woman approached the High Court that trial court is delaying the case of a fraudulent marriage. The woman says that she is the victim of conspiracy and sabotage by a man who is supported by accomplices.
The records revealed that a charge sheet on FIR no.34/2010 for offences under Sections 419, 420, 467, 468, 469, 471, 201 and 120-B RPC of Police Station Tangmarg was laid before the Judicial Magistrate, Ist Class, Tangmarg, and committed to the Court of Principal Sessions Judge, Baramulla, on 04.11.2013.
After the filing of charge sheet, the trial court is delaying the proceedings as the accused person is not appearing before it. High Court said the mere adjournment recording that accused is absent and not appearing shows lack of judicial approach. The adjournment has been given as a matter of routine and no effective steps have been taken to secure the accused and proceed with the trial. “Is the trial court toothless or does it want to shield the accused, we do not want to state so but certainly we do expect the trial court to act responsibly and conclude the trial at the earliest”, reads the order.
Court also directed the police authorities as they are representing the State to show its co-operation in serving the accused on orders of the court and proceed with the trial and warned the police authorities that any lethargy in this regard will be viewed seriously and appropriately dealt with.
Court on the equal justice to all said that it is one thing to say that accused should have the opportunity of a fair trial and is entitled to. However, if the accused delays the trial by dilatory tactics with help of one or other person then this court will interfere to ensure that injustice is not meted to the complainant.
Court expected that the trial court to proceed diligently and responsibly in the matter. “She is before us for annulment of the entry (Nikah) alleging inter-alia fraud and conspiring by many”, DB said.
This court, DB said, is the custodians of the fundamental rights of the citizens and felt that the matter cannot brook any further delay. “It would only perpetuate the petitioner’s agony and impinge on her right to live gracefully and with dignity. Her liberty guaranteed under Article 21 of the Constitution has been infringed” adding with “On the other hand it may mean nothing to the private respondent, while his act will ruin the petitioner. Therefore, in order to ensure the early disposal of the petition” order says.
Court directed the Registrar Judicial to forthwith transmit the records of the trial to the Principal Sessions Judge, Baramulla and directed the trial court to ensure prompt and speedy trial of the case by fast tracking it and sought explanation from him as to why delay has happened in trial of the case
“In order to ensure the continued attendance of the accused persons before the Court during trial, the learned Principal Sessions Judge is directed to take all possible legal steps contemplated by law to secure their presence. Warrants if issued shall be properly executed by the police authority”, court directed.
Trending Now
E-Paper
Follow our WhatsApp channel