Srichand P. Hinduja v. State through C. B. I. New Delhi
2001-08-30
M.B.SHAH, R.P.SETHI
body2001
DigiLaw.ai
JUDGMENT : 1. Copy of the report, submitted by the Special Judge, CBI, be given to the learned counsel for the parties. 2. Issue notice to the Union of India returnable within three weeks. Dasti service to the Solicitor General, in addition to the usual mode of service, is also permitted. 3. Report submitted by the Special Judge indicates that at present there are 310 CBI cases pending before him. He has given year- wise break-up which reveals that cases from the year 1987 are pending. He points out that apart from these cases on an average 5 to 7 chargesheets are tiled every month by the CBI and one or two cases triable by the Court of Sessions are also assigned to the court for trial. It is also his say that apart from this case there are other serious cases pending for trial and disposal and in some cases this Court has issued directions for expeditious disposal. In addition he is required to devote major portion of afternoon for disposal of miscellaneous cases. In such a state of affairs he submits that it may take two to three years to conclude the trial if the learned counsel for the parties fully cooperate during the trial. It is his further say that even if he is required to conduct this trial exclusively on day-to-day basis, considering the voluminous material produced on record, it is likely to take about one year. 4. This appears to be the state of affairs in the court not only in the capital city of the country but in most of the courts which are required to deal with CBI cases. There appears to be total neglect in appointing Additional Judges to deal with such serious cases including Sessions Trial Cases. It is to be remembered that Sessions cases cannot be disposed of by any other method except by trial and for that adequate Judge strength is must. If appropriate and immediate steps are not taken for increasing the strength of Judges who can try such serious CBI cases, the cases will linger on for years together even if charge sheets alleging large scale misappropriation or fraud are filed. 5.
If appropriate and immediate steps are not taken for increasing the strength of Judges who can try such serious CBI cases, the cases will linger on for years together even if charge sheets alleging large scale misappropriation or fraud are filed. 5. In this set of circumstances, we would like to know from the Union of India whether any adequate steps are contemplated for disposal of such serious cases by appointing competent Additional Judges to deal with such matters and also to find out whether Additional Special Judge could be appointed to conduct trial exclusively of this case on day-to-day basis as provided under Section 309 Cr.P.C. as allegations are serious and petitioners are foreign nationals. 6. Stand over for three weeks.