Commence Limited Physical Hearing In Criminal Trials Pending For More Than 10 Years Where Accused Are Lingering In Custody; PIL Before Bombay HC [Read Petition]
4 years, 6 months ago

Commence Limited Physical Hearing In Criminal Trials Pending For More Than 10 Years Where Accused Are Lingering In Custody; PIL Before Bombay HC [Read Petition]

Live Law  

A PIL has been filed before the Bombay High Court seeking directions for commencing limited physical hearing for criminal trials that have remained pending for more than ten years wherein the accused are lingering in custody. Advocate Aarti Suvarna referred to the gradual unlock process which both the State and Centre began from June 4 and contended that since government and private offices are now functioning, and malls, gymnasiums, hotels, restaurants have also been opened, criminal trial of custody matters pending for more than a decade need to commence in order to gibe speedy justice by starting the limited physical hearing for conducting trial of criminal cases by implementing the Standard Operating Procedure. The 36-year-old resident of South Mumbai has argued that during the lockdown as well as when unlock process is under implementation, almost all courts in India have conducted hearing of urgent matters via video conferencing mode, as on date, this Honourable High Court as well as District Courts have started limited physical hearing of the urgent cases in addition to court hearings via video conferencing. Principle of natural justice, equity and fair play requires that trial of criminal matters in custody cases be started to deliver speedy justice to the undertrials lingering behind bars for several years, the petition states.

Court Criminal Custody State Hearing Pil Limited Criminal Trial Bombay Criminal Trials Limited Physical Hearing Trials Lingering  physical  matters  limited  hc  hearing  criminal  court  custody  trial  accused  petition  pil  read  pending  trials  lingering

History of this topic

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court
1 month ago

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

Live Law  

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli
9 months, 2 weeks ago

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli

The Hindu  

The Supreme Court is scheduled to hear on Monday a plea of the Maharashtra government challenging a Bombay High Court order which paved the way for premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case. A Vacation Bench of Justices Aravind Kumar and Sandeep Mehta will hear the plea of the State government in …

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court
1 year, 1 month ago

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court

New Indian Express  

NEW DELHI: The Delhi High Court on Tuesday directed a trial court in the city to decide by February 17 an application moved by student activist Sharjeel Imam seeking statutory bail in a sedition case against him in relation to the 2020 northeast Delhi riots. During the hearing before a bench of Justice Suresh Kumar Kait and Justice Manoj Jain, …

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
1 year, 5 months ago

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial

Live Law  

The Supreme Court on Thursday set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. Today, almost a month after reserving the verdict in, the bench led by Justice Gavai pronounced - "We are of the considered …

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee
1 year, 5 months ago

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee

Live Law  

The Bombay High Court recently flagged the collective pendency of over 40,051 cases before the Juvenile Justice Board and the Child Welfare Committee while hearing a PIL by an NGO. “…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying of spirit of the Act.” On …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 10 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 …

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee
2 years, 5 months ago

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee

India Today  

A plea was filed in Bombay High Court seeking directions to special courts under Protection of Children under Sexual Offences Act in Mumbai to record statements of minor victims within two months. Apart from expeditious disposal of POCSO cases, the petitioner also sought direction to record evidence of all victims in all POCSO matters within 30 days of court taking …

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners
2 years, 6 months ago

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners

Live Law  

The Delhi High Court has registered a suo motu public interest litigation on the issue of premature release of old aged and infirm prisoners.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response from Centre, Delhi Government and Director General while posting the matter for hearing on February 13, 2023. The Delhi High Court …

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 6 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court …

Supreme Court agrees to hear PIL after 15 April on expeditious trial in cases against politicians
2 years, 11 months ago

Supreme Court agrees to hear PIL after 15 April on expeditious trial in cases against politicians

Firstpost  

According to a recent report, a total of 4,984 cases are pending against Members of Parliament and Members of Legislative Assembly/Council out of which 1,899 cases are more than five years old New Delhi: The Supreme Court on Friday agreed to hear after 15 April, 2022, a PIL which has sought expeditious trial of criminal cases against lawmakers and speedy …

Bombay HC to hear PIL over delay in filling up judicial vacancies on May 30
2 years, 11 months ago

Bombay HC to hear PIL over delay in filling up judicial vacancies on May 30

India Today  

The division bench of Chief Justice Dipankar Datta and Justice MS Karnik has decided to hear the plea of a petitioner raising the issue of shortage of judges in the high court on May 30. The Public Interest Litigation is seeking a permanent mechanism to fill up vacancies of judges in the High Court. The petitioners requested the court to …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
3 years, 1 month 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 …

PIL in Supreme Court challenges reduced working hours of Bombay High Court amid Covid-19
3 years, 2 months ago

PIL in Supreme Court challenges reduced working hours of Bombay High Court amid Covid-19

India Today  

A Public Interest Litigation has been filed in the Supreme Court by a Mumbai-based lawyer challenging the new Standard Operating Procedure issued by the Bombay High Court in the view of Covid-19. The plea also raised a grievance against another SOP issued by the Registrar of the High Court which pertained to the functioning of the subordinate courts in the …

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old
3 years, 2 months ago

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

Live Law  

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice of India, …

Supreme Court Asks Delhi High Court To Have A Relook On The Assignment Of Cases To Trial Courts For Speedy Trials
3 years, 3 months ago

Supreme Court Asks Delhi High Court To Have A Relook On The Assignment Of Cases To Trial Courts For Speedy Trials

Live Law  

While hearing a special leave petition assailing Delhi High Court's order of dismissing the bail application filed by an accused, the Supreme Court recently observed that merely because the trial court judge is the District and Sessions Judge, it cannot imply that he is burdened more than necessary.The bench of Justices SK Kaul and MM Sundresh observed, "We are of …

What Is The Need Of Trial If You Are Putting People In Jail For Years? Supreme Court Asks NCB
3 years, 5 months ago

What Is The Need Of Trial If You Are Putting People In Jail For Years? Supreme Court Asks NCB

Live Law  

"What is the need of trial if you are putting people in jail for years? ", the Supreme Court on Thursday asked the Narcotics Control Bureau, while hearing the bail application of a 66 year old man accused under the NDPS Act who has suffered incarceration for around 4 years.A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice …

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners
3 years, 6 months ago

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners

Live Law  

Taking into consideration the pendency of criminal appeal before Allahabad High Court since 2007 and 2013 and the unlikeliness of the same being heard in near future, the Supreme Court on Friday granted bail to two accused who have already undergone incarceration for more than 15 and 12 years. Considering that the petitioners have already undergone 15 years of incarceration, …

Delay in Trials Leading to Undertrials Languishing in Jail, Says Bombay HC
3 years, 8 months ago

Delay in Trials Leading to Undertrials Languishing in Jail, Says Bombay HC

News 18  

Trials in cases are not being completed in the stipulated time due to which undertrials are languishing in jail, the Bombay High Court said on Wednesday while reserving its order on a bail plea filed by a 28-year-old man arrested for allegedly being a member of the Islamic State terror group. A division bench of Justices S S Shinde and …

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, 9 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 …

Plea Moved In Rajasthan High Court Seeking Live Streaming Of Court Cases Related TO COVID Management In State
3 years, 10 months ago

Plea Moved In Rajasthan High Court Seeking Live Streaming Of Court Cases Related TO COVID Management In State

Live Law  

A Public Interest Litigation petition has been moved before the Rajasthan High Court praying that in matters concerning the COVID situation in the State of Rajasthan, the Court's proceedings be live-streamed on a platform easily accessible by the Public at large. The petition has been filed by Advocate Arpit Gupta further seeks direction on the Registry of the Rajasthan High …

"Country In Unlock,Trial Courts Must Commence/ Continue Trials In POCSO, Rape, Negotiable Instruments, PMLA Cases Etc": Calcutta HC
4 years, 6 months ago

"Country In Unlock,Trial Courts Must Commence/ Continue Trials In POCSO, Rape, Negotiable Instruments, PMLA Cases Etc": Calcutta HC

Live Law  

The Calcutta High Court expressed concern over the lack of progress in trial proceedings particularly in cases where one or more accused is in custody for a protracted period of time and stated that the same is not desirable. On Thursday a Division Bench comprising of Justices Joymalya Bagchi and Suvra Ghosh directe d the trial courts to commence/continue trial …

Pre-Sentence Hearing On A Separate Date Not Mandatory: SC [Read Judgment]
5 years, 11 months ago

Pre-Sentence Hearing On A Separate Date Not Mandatory: SC [Read Judgment]

Live Law  

The Supreme Court has observed that there is no bar on the pre-sentencing hearing taking place on the same day after passing the judgment of conviction, if the accused and the prosecution are ready to submit their arguments. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee observed that the object of Section 235 of …

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]
8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law  

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India.Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998. …

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]
8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law  

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India.Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998. …

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]
9 years, 7 months ago

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

Live Law  

Can remand in police custody be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet?This was the legal question that arose for consideration of the Apex Court recently in a case which related to killing of nine persons and injuries to large number of villagers of Village Netai …

Govt may go for 'pre-trial hearings' to speed up case disposal-India TV News
9 years, 8 months ago

Govt may go for 'pre-trial hearings' to speed up case disposal-India TV News

India TV News  

Govt may go for 'pre-trial hearings' to speed up case disposal New Delhi: Seeking to speed up disposal of cases, government is weighing the option of introducing the system of 'pre-trial hearings' on the lines of the UK and the US under which the main dispute New Delhi: Seeking to speed up disposal of cases, government is weighing the option …

PIL in Bombay HC seeks establishment of more fast-track courts for trying crimes against women
11 years ago

PIL in Bombay HC seeks establishment of more fast-track courts for trying crimes against women

Live Law  

The Bombay High Court today directed the Maharashtra Government to file a reply within a month to a public interest litigation seeking establishment of more fast-track courts for hearing cases related to the crimes against the women.The direction was passed by a Division Bench of the Bombay High Court comprising Justices Abhay Oka and Amjad Sayed in response to a …

PIL in Bombay HC seeks establishment of more fast-track courts for trying crimes against women
11 years ago

PIL in Bombay HC seeks establishment of more fast-track courts for trying crimes against women

Live Law  

The Bombay High Court today directed the Maharashtra Government to file a reply within a month to a public interest litigation seeking establishment of more fast-track courts for hearing cases related to the crimes against the women.The direction was passed by a Division Bench of the Bombay High Court comprising Justices Abhay Oka and Amjad Sayed in response to a …

SC to examine immunity granted to Juveniles involved in heinous crimes; Juvenile Justice Board allowed to pronounce verdict on juvenile accused in Delhi gangrape case
11 years, 7 months ago

SC to examine immunity granted to Juveniles involved in heinous crimes; Juvenile Justice Board allowed to pronounce verdict on juvenile accused in Delhi gangrape case

Live Law  

A three judge Bench comprising of Chief Justice Altmas Kabir and Justices SS Nijjar and J Chelameswar has held in the Salil Bali case that, “This being the understanding of the Government behind the enactment of the Juvenile Justice Act, 2000, and the amendments effected thereto in 2006, together with the Rules framed there under in 2007, and the data …

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