Kazi Sujauddaula v. State of Meghalaya and Another
2001-09-17
P.C.PHUKAN
body2001
DigiLaw.ai
As agreed to by Mr. AS Siddique, learned counsel for the petitioner and Mr. ND Chullai, learned Govt Advocate appearing for the State-respondents, the matter is taken up for final hearing and disposal. 2. The writ petitioner has been placed under suspension while serving as Head Assistant in the office of the Deputy Commissioner, (Election), South Garo Hills, after his arrest in connection with a number of criminal cases. As far back as 1997, the police registered Mahendraganj PS Case No. 79 (10)/97, under sections 17/148/149/436/326/153(A) IPC, Mahendraganj PS Case No. 93(10)/ 97 under sections 147/148/149/326/436/153 (A) IPC and Mahendraganj PS Case No. 81 (10)/97 under sections 395/397/436/153(A) IPC, against the writ petitioner, c but even after a lapse of three years failed to complete the investigation and submit final report or charge sheet. The writ petitioner having filed the Writ Petition No. 132 (SH) of 1999, this Court directed the police to expedite investigation and submit charge sheet or final report in those cases within one month vide order dated 9.8.99 (Annexure A to the writ petition). Pursuant to this order, the police completed investigation of those cases and submitted charge sheets against the writ petitioner. This Court then finally disposed of the above mentioned writ petition with observation, that criminal proceedings against petitioner shall be carried out with speed so as to avoid prolonging of his agony of being under suspension for an indefinite period" vide order dated 29.2.2000 (Annexure B). 3. The writ petitioner alleges that even after a lapse of one and half year since this Court passed the above order on 29.2.2000, there has been no progress in those cases, not even copies have been furnished to the writ petitioner except in one case, and such delay has caused immense material loss and mental agony to him 4. The writ petitioner therefore has approached this Court again in the instant writ petition praying for an appropriate writ directing the trial Court (Addl Deputy Commissioner at Tura) to dispose of the said criminal cases within six months, 5. It is very unfortunate that despite this Court's order dated 29.2.2000 for expeditious disposal, the learned trial Court had chosen to go slow with those cases. Reasonably expeditious trial is a fundamental right of the accused and its denial infringes the right guaranteed under Article 21 of the Constitution.
It is very unfortunate that despite this Court's order dated 29.2.2000 for expeditious disposal, the learned trial Court had chosen to go slow with those cases. Reasonably expeditious trial is a fundamental right of the accused and its denial infringes the right guaranteed under Article 21 of the Constitution. Apart from such Constitutional mandate, section 309 of the Code of Criminal Procedure requires that: "In every inquiry or trial, the proceedings shall be held as expeditiously as possible..." 6. It has been held in Rajdeo Sharma's case, (1999) 7 SCC 604 that : "Further, if the provisions of die Criminal Procedure Code, particularly, section 309 as discussed by my learned brother are strictly adhered to, delay in trial could be reduced to some extent That may be done by the Judge concerned with active co-operation of the prosecuting agency. At present, the said provision is observed in breach. Once the criminal trial begins, the trial Court should see that witnesses are examined continuously in the said case and it should continue from day to day until the witnesses in attendance are examined. In any case, for adjourning the matter, reasons should be recorded." 7. In view of what has been stated above, this writ petition is finally disposed of with a direction to the trial Court to dispose of those criminal cases against the writ petitioner as expeditiously as possible, and the writ petitioner accused shall co-operate so that the delay for trial does not rest on the defence. 8. The writ petitioner shall furnish a certified copy of this order along with a copy of his writ petition to the learned trial Magistrate, who shall comply with the above direction of this Court. 9. This writ petition stands disposed of as indicated above No cost.