Watchful, Diligent Judge Can Protect Right To Speedy Trial: Punjab & Haryana HC Directs Trial In Fraud Case To Be Concluded In 2 Yrs
6 days, 6 hours ago

Watchful, Diligent Judge Can Protect Right To Speedy Trial: Punjab & Haryana HC Directs Trial In Fraud Case To Be Concluded In 2 Yrs

Live Law  

A watchful and diligent Judge can prove to be a protector of right to speedy right within any guidelines the Punjab & Haryana High Court said while directing a trial court to conclude the trial within 2 years in a fraud case.Justice N.S. A watchful and diligent Judge can prove to be a protector of right to speedy right within any guidelines the Punjab & Haryana High Court said while directing a trial court to conclude the trial within 2 years in a fraud case. Shekhawat said, "The propositions emerging from Article 21 of the Constitution of India and expounding the right to speedy trial laid down the guidelines in Abdul Rehman Antulay case, adequately took care of right to speedy trial and this Court is always guided by the said propositions, as, which are also binding precedents. After hearing the submissions, the Court referred to Apex Court's decision in Kartar Singh Vs. State of Punjab and connect case, to underscore that, "the right to a speedy trial is not only an important safeguard to prevent undue and oppressive incarceration, to minimise anxiety and concern accompanying the accusation and to limit the possibility of impairing the ability of an accused to defend himself but also there is a societal interest in providing a speedy trial."

Trial Court Speedy Trial Case Right Accused Speedy Fraud Case Diligent Judge  speedy  hc  case  yrs  right  conclude  watchful  trial  protect  accused  judge  punjab  court  haryana  shekhawat

History of this topic

Don't delay medical aid, time is critical: Supreme Court on farmer leader's fast
5 days, 17 hours ago

Don't delay medical aid, time is critical: Supreme Court on farmer leader's fast

India Today  

The Supreme Court on Wednesday directed the Punjab government to ensure medical aid for Jagjit Singh Dallewal, who is on an indefinite fast at the Punjab-Haryana border for 20 days, and said that human life was more precious than anything else. Dallewal, 70, has been on an indefinite fast at the Khanauri border between Punjab and Haryana since November 26 …

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs
1 month, 1 week ago

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

Live Law  

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193 of BNSS of Cr.P.C.) by the Investigating Officers.Justice Harpreet Singh Brar said, "Section 193 of BNSS is an evolved version. Justice Harpreet …

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court
3 months, 1 week ago

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court

Live Law  

The Punjab & Haryana High Court has said that expecting speedy trial from Courts will be "over expectation" given the amount of pendency it is facing and there is a "dire necessity" of making Special NDPS Courts.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "If the heavy docket of subjudice litigations of every genre becomes the deterrent for the learned …

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order
4 months, 2 weeks ago

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order

Hindustan Times  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in connection with the Delhi Excise Policy case, saying he has been deprived of the right to speedy trial. The Supreme Court allowed the petition after noting that the prolonged delay in trial has violated the right to speedy trial of Manish Sisodia and right to …

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order
4 months, 2 weeks ago

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order

Hindustan Times  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in connection with the Delhi Excise Policy case, saying he has been deprived of the right to speedy trial. The Supreme Court allowed the petition after noting that the prolonged delay in trial has violated the right to speedy trial of Manish Sisodia and right to …

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
5 months ago

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case

Live Law  

In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court on Thursday held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy trial under Article 21 of the Constitution has been infringed. Supreme Court prioritises right to speedy trial over …

Understanding the Supreme Court’s stance on the right to a speedy trial
5 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 3 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 7 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
1 year, 10 months ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
1 year, 11 months ago

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Live Law  

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused
2 years, 4 months ago

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

Live Law  

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused seeking his release on bail in a criminal case under …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 5 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes
2 years, 6 months ago

Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes

Live Law  

The Karnataka High Court has issued general directions for speedy conclusion of investigations in criminal matters. The bench also cited the 239th Report of the Law Commission of India submitted to the Apex Court in the case of Virender Kumar Ohri v. Union of India & Others W.P No.341/2004, wherein the causes for delay in investigation in prevention of corruption …

Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy
2 years, 10 months ago

Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy

Live Law  

"Speedy Justice is a Fundamental Right enshrined under the ambit of Article 21 of the Constitution of India, and the same needs to be given effect by this Court in letter and in spirit, else it will remain as a dead letter of law," the Delhi High Court observed on Tuesday. At the outset, the Court noted that bail under …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 10 months ago

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case

Live Law  

The Delhi High Court has observed that an accused person cannot be kept in custody indefinitely when the right to speedy trial is a concomitant of Article 21 of the Constitution of India. Justice Subramonium Prasad observed thus:"When right to speedy trial is a concomitant of Article 21 of the Constitution of India, it can be presumed that one the …

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC
3 years, 1 month ago

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC

Hindustan Times  

The Punjab and Haryana high court has rapped the Uttar Haryana Bijli Vitran Nigam for delay in challenging a lower court order stating that even sufficiency of cause does not result in any indefeasible legal right to a “perpetual litigant” such as UHBVN. The court observed that the explanation given by the UHBVN does not inspire confidence as specific dates …

Right of accused to speedy trial can’t be denied by filing challans one after another: HC
3 years, 3 months ago

Right of accused to speedy trial can’t be denied by filing challans one after another: HC

Hindustan Times  

The Punjab and Haryana high court has held that in a case where trial has substantially progressed after filing of chargesheet, a supplementary challan against other accused cannot be attached with the main case and de novo joint trial cannot be ordered where serious “prejudice” will be caused to those already charge-sheeted. To hold otherwise will not only put the …

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case
3 years, 6 months ago

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case

Live Law  

"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed. The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases …

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