On Wednesday, the Apex Court said HC's had ample power to direct speeding up of criminal trials but this power couldn't be exercised by constitutional courts at the urging of a social activist, who was a third party having no role in the trial. This order came from a bench comprising Justice Ashok Bhushan, Justice RS Reddy and Justice MR Shah in a case under the Prevention of Corruption Act, in which Uttar Pradesh police had lodged a case against one Sanjay Tiwari in 2006 & filed a chargesheet after fourteen years.
However, on the petition of social activist Tripuresh Tripathi, the HC had ordered expeditious trial in the corruption case.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
It said that “This court has laid down that it is for parties in the criminal case to raise questions & challenge the proceedings initiated against them at appropriate time before the proper forum & not for third parties under the garb of public interest litigants,” it said. It said in a criminal case, an outsider could not have any legal role. It stressed the importance of speedy trial in criminal cases, especially those under the PC Act. “It is well settled that the high court in appropriate cases can very well under Section 482 of Criminal Procedure Code or in any other proceeding always direct the trial court to expedite the criminal trial & issue such orders as may be necessary".
“But the present is a case where proceedings initiated by Tripathi do not appear to be bona fide proceedings. He is in no way connected with initiation of criminal proceedings against the appellant... It is the obligation of the state & the prosecution to ensure that all criminal trials are conducted expeditiously. The present is not a case where prosecution or even the employer of the accused have filed an application seeking expeditious trial,” it said & asked the Trial Court to expedite the trial.
Join our Social Feeds for Daily Quizzes & More Here
Source Link
0 Comments