In Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials v. .
2022-04-28
B.R.GAVAI, L.NAGESWARA RAO, S.RAVINDRA BHAT
body2022
DigiLaw.ai
ORDER : 1. By an order dated 20.04.2021, this Court directed the High Courts and state governments to take the following steps: “(a) All High Courts shall take expeditious steps to incorporate the said Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months from today. If the state government’s co-operation is necessary in this regard, the approval of the concerned department or departments, and the formal notification of the said Draft Rules, shall be made within the said period of six months. (b) The state governments, as well as the Union of India (in relation to investigating agencies in its control) shall carry out consequential amendments to their police and other manuals, within six months from today. This direction applies, specifically in respect of Draft Rules 1-3. The appropriate forms and guidelines shall be brought into force, and all agencies instructed accordingly, within six months from today.” 2. A note has been submitted by the learned Amicus Curiae showing the status of compliance of the directions issued on 20.04.2021. A few High Courts have not taken steps to incorporate the Draft Rules as part of the rules governing criminal trials. It is relevant to note that six months’ time was granted to the High Courts to implement the directions given on 20.04.2021. Such of those High Courts which have not complied with the directions, are granted four weeks’ time to comply with the order passed by this Court on 20.04.2021 and file a status report. 3. Most of the State Governments/Union Territories have not carried out the consequential amendments to the Police and other manuals. Some State Governments could not carry out the amendments on account of not having received the rules formulated by the High Courts, as directed by this Court. All the State Governments/Union Territories are directed to comply with the directions issued by this Court on 20.04.2021 within a period of 8 weeks from today and report compliance. The status reports by the High Courts and the compliance reports by the State Governments shall be served on Mr. K.Parameshwar a week before the date of next hearing. 4.
All the State Governments/Union Territories are directed to comply with the directions issued by this Court on 20.04.2021 within a period of 8 weeks from today and report compliance. The status reports by the High Courts and the compliance reports by the State Governments shall be served on Mr. K.Parameshwar a week before the date of next hearing. 4. The learned Amicus Curiae sought a clarification relating to para 17(i) of the Draft Rules of Criminal Practice, which is as under: “17 BAIL: i) The application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself. Copy of the order and the reply to the bail application or status report (by the police or prosecution) if any, shall be furnished to the accused and to the accused on the date of pronouncement of the order itself.” 5. We accept the submission made by the learned Amicus Curiae that para 17 (i) of the Draft Rules should be read as mandating the furnishing of the bail order to the prison concerned. We are also of the opinion that the bail order should be furnished by the prison authorities to the accused. 6. List this matter on 21.07.2022 at 2.00 p.m.