NEW DELHI: Supreme Court has asked high courts to ensure day-to-day trial in criminal cases , especially important and sensitive cases, saying it has become imperative in the prevailing social, political and administrative scenario, including the style of functioning of police.
Expressing disappointment over discontinuance of day-to-day trial, which was the norm three decades ago, a bench of Justices J B Pardiwala and K V Viswanathan said once the examination of witnesses commences in a trial, the court concerned must not adjourn proceedings keeping in mind the convenience of advocates, which has become common.
Stressing that speedy trial is a part of the right to life, the bench, in its order of Sept 22, said, "One of the significant factors contributing to delays in the justice system is the discretionary practice of noncontinuous criminal trials, where evidence is heard by the court in piecemeal fashion, with cases effectively spread out over the course of many months or even years.
"While limited judicial or court resources and a shortage of available court time due to the volume of cases are often cited for the use of this discretionary practice, the costs of non-continuous trials to both parties and to the justice system as a whole can far outweigh the perceived benefits," it said.
Asking HCs to issue a circular to every district judicial authority, SC said trial should be adjourned because of lawyers only in the case of bereavement in their families. If the accused and their counsel collusively delay proceedings, the trial court could put the accused on notice for cancellation of bail, the court said, adding that if the lawyer is behind the delay, then the trial court could appoint an amicus curiae to conduct day-to-day trial.
Though SC recognised the discretion vested in the trial judge to defer or adjourn trial proceedings , it held, "The legal position is that once the examination of witnesses starts the court concerned must continue the trial from day to day until all the witnesses in attendance have been examined."
Expressing disappointment over discontinuance of day-to-day trial, which was the norm three decades ago, a bench of Justices J B Pardiwala and K V Viswanathan said once the examination of witnesses commences in a trial, the court concerned must not adjourn proceedings keeping in mind the convenience of advocates, which has become common.
Stressing that speedy trial is a part of the right to life, the bench, in its order of Sept 22, said, "One of the significant factors contributing to delays in the justice system is the discretionary practice of noncontinuous criminal trials, where evidence is heard by the court in piecemeal fashion, with cases effectively spread out over the course of many months or even years.
"While limited judicial or court resources and a shortage of available court time due to the volume of cases are often cited for the use of this discretionary practice, the costs of non-continuous trials to both parties and to the justice system as a whole can far outweigh the perceived benefits," it said.
Asking HCs to issue a circular to every district judicial authority, SC said trial should be adjourned because of lawyers only in the case of bereavement in their families. If the accused and their counsel collusively delay proceedings, the trial court could put the accused on notice for cancellation of bail, the court said, adding that if the lawyer is behind the delay, then the trial court could appoint an amicus curiae to conduct day-to-day trial.
Though SC recognised the discretion vested in the trial judge to defer or adjourn trial proceedings , it held, "The legal position is that once the examination of witnesses starts the court concerned must continue the trial from day to day until all the witnesses in attendance have been examined."
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