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“Fair, speedy trial expected”: Bombay HC says judicial system is answerable to accused – Times Now

Bombay High Court.

Photo : BCCL

KEY HIGHLIGHTS

  • The case is related to the lower court delaying trial of an accused.
  • The trial has “not even advanced an inch” until September 3, 2022, according to the judge.
Mumbai: The Bombay High Court recently criticised a special court hearing cases under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for delaying the start of a trial despite more than a year having passed and stated that “the judicial system is accountable to jailed accused and speedy and fair trial is a basic expectation from trial courts.”

The special court’s failure to begin the trial within six months of its order caused the high court to express its concern with the proceeding’s poor pace, The Indian Express reported.

When the high court heard an accused’s request for bail after being detained by the Narcotics Control Bureau (NCB) in February 2018, it also inquired about the status of the cases that were still pending before the relevant special court.

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On September 5, Justice Bharati H. Dangre’s single-judge panel heard a bail request from Abdul Nasir Bhai Miya Shaikh, who had been detained since February 4, 2018.

After the high court ordered a special court to accelerate the trial, he withdrew his application for bail.

On April 7 of last year, the high court gave the applicant permission to resubmit his bail request if the charges are not filed and the trial is not started within six months.

Nevertheless, more than six months have passed since the ruling was issued, and the accused has once more applied for release before the court through attorney Ayaz Khan.

The trial has “not even advanced an inch” until September 3, 2022, according to the judge, who noted that the charges were filed in the case three months after the high court’s ruling. The court observed that even though there are about 15 witnesses in the case, the trial has not yet started.

“This depicts the sorrowful state of affairs as the applicant remained incarcerated since February 4, 2018, and more than four years have expired,” observed Justice Dangre.

“The judicial system is also answerable to the accused who are incarcerated, though no serious charges and what is the bare minimum expected from this system is a fair and speedy trial,” he added.

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Source: https://www.timesnownews.com/mirror-now/in-focus/fair-speedy-trial-expected-bombay-hc-says-judicial-system-is-answerable-to-accused-article-94136057