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Tag: Right to Speedy Trial

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Posted on July 1, 2021 by ShadesOfKnife

Supreme Court passed these mandatory guidelines which “All Courts dealing with suits and execution proceedings shall follow”.

From Para 42,

42. All Courts dealing with suits and execution proceedings shall mandatorily follow the below-mentioned directions:
1. In suits relating to delivery of possession, the court must examine the parties to the suit under Order X in relation to third party interest and further exercise the power under Order XI Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third party interest in such properties.
2. In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the Court, the Court may appoint Commissioner to assess the accurate description and status of the property.
3. After examination of parties under Order X or production of documents under Order XI or receipt of commission report, the Court must add all necessary or proper parties to the suit, so as to avoid multiplicity of proceedings and also make such joinder of cause of action in the same suit.
4. Under Order XL Rule 1 of CPC, a Court Receiver can be appointed to monitor the status of the property in question as custodia legis for proper adjudication of the matter.
5. The Court must, before passing the decree, pertaining to delivery of possession of a property ensure that the decree is unambiguous so as to not only contain clear description of the property but also having regard to the status of the property.
6. In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application.
7. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree.
8. The Court exercising jurisdiction under Section 47 or under Order XXI of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any such issue which otherwise could have been raised and determined during adjudication of suit if due diligence was exercised by the applicant.
9. The Court should allow taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like appointment of Commissioner or calling for electronic materials including photographs or video with affidavits.
10. The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant compensatory costs in accordance with Section 35A.
11. Under section 60 of CPC the term “…in name of the judgment- debtor or by another person in trust for him or on his behalf” should be read liberally to incorporate any other person from whom he may have the ability to derive share, profit or property.
12. The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.
13. The Executing Court may on satisfaction of the fact that it is not possible to execute the decree without police assistance, direct the concerned Police Station to provide police assistance to such officials who are working towards execution of the decree. Further, in case an offence against the public servant while discharging his duties is brought to the knowledge of the Court, the same must be dealt stringently in accordance with law.
14. The Judicial Academies must prepare manuals and ensure continuous training through appropriate mediums to the Court personnel/staff executing the warrants, carrying out attachment and sale and any other official duties for executing orders issued by the Executing Courts

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/93073896/

https://www.casemine.com/judgement/in/6085af43c07b9e7eacd85ef8

https://www.indianemployees.com/judgments/details/rahul-s-shah-versus-jinendra-kumar-gandhi-ors

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 21 - Protection of life and personal liberty Expedited Enforcement or Execution Proceedings Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Rahul S Shah Vs Jinendra Kumar Gandhi Reportable Judgement or Order Right to Speedy Trial | Leave a comment

Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu on 08 Jun 2018

Posted on June 14, 2021 by ShadesOfKnife

A single judge bench of AP High Court held that ‘The application in I.A.No.1734 of 2017 filed under Section 5 of the Limitation Act is not disposed of for the past more than one year.‘

Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu on 08 Jun 2018

Citations :

Other Sources :

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court Right to Speedy Trial Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu | Leave a comment

Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy on 22 Jun 2017

Posted on June 14, 2021 by ShadesOfKnife

A judgment from a single judge bench granting speedy trial…

Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy on 22 Jun 2017

Citations :

Other Sources :

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court Right to Speedy Trial Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy | Leave a comment

Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008

Posted on February 17, 2021 by ShadesOfKnife

In this landmark judgment, Apex Court held that Right to speedy trial is implicit to Article 21 of Constitution of India and also passed guidelines to ensure that this right is not violated, and it violated, Constitutional Courts have a duty to fix such violation appropriately.

From Para 14,

14. Time and again this Court has emphasized the need for speedy investigations and trial as both are mandated by the letter and spirit of the provisions of the CrPC. (In particular, Sections 197, 173, 309, 437 (6) and 468 etc.) and the constitutional protection enshrined in Article 21 of the Constitution. Inspired by the broad sweep and content of Article 21 as interpreted by a seven-Judge Bench of this Court in Maneka Gandhi Vs. Union of India & Anr., in Hussainara Khatoon & Ors. Vs. Home Secretary, State of Bihar, this Court had said that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except according to procedure established by law; that such procedure is not some semblance of a procedure but the procedure should be ‘reasonable, fair and just’; and therefrom flows, without doubt, the right to speedy trial. It was also observed that no procedure which does not ensure a reasonably quick trial can be regarded as ‘reasonable, fair or just’ and it would fall foul of Article 21. The Court clarified that speedy trial means reasonably expeditious trial which is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21.

From Para 15,

15. The exposition of Article 21 in Hussainara Khatoon’s case (supra) was exhaustively considered afresh by the Constitution Bench in Abdul Rehman Antulay & Ors. Vs. R.S. Nayak & Anr.11. Referring to a number of decisions of this Court and the American precedents on the Sixth Amendment of their Constitution, making the right to a speedy and public trial a constitutional guarantee, the Court formulated as many as eleven propositions with a note of caution that these were not exhaustive and were meant only to serve as guidelines. For the sake of brevity, we do not propose to reproduce all the said propositions and it would suffice to note the gist thereof. These are:
(i) fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily;
(ii) right to speedy trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial;
(iii) in every case where the speedy trial is alleged to have been infringed, the first question to be put and answered is —
who is responsible for the delay?;
(iv) while determining whether undue delay has occurred (resulting in violation of right to speedy trial) one must have regard to all the attendant circumstances, including nature of offence, number of accused and witnesses, the work-load of the court concerned, prevailing local conditions and so on— what is called, the systemic delays;
(v) each and every delay does not necessarily prejudice the accused. Some delays may indeed work to his advantage. However, inordinately long delay may be taken as presumptive proof of prejudice. In this context, the fact of incarceration of accused will also be a relevant fact. The prosecution should not be allowed to become a persecution. But when does the prosecution become persecution, again depends upon the facts of a given case;
(vi) ultimately, the court has to balance and weigh several relevant factors—’balancing test’ or ‘balancing process’—and determine in each case whether the right to speedy trial has been denied;
(vii) Ordinarily speaking, where the court comes to the conclusion that right to speedy trial of an accused has been infringed the charges or the conviction, as the case may be, shall be quashed. But this is not the only course open and having regard to the nature of offence and other circumstances when the court feels that quashing of proceedings cannot be in the interest of justice, it is open to the court to make appropriate orders, including fixing the period for completion of trial;
(viii) it is neither advisable nor feasible to prescribe any outer time-limit for conclusion of all criminal proceedings. In every case of complaint of denial of right to speedy trial, it is primarily for the prosecution to justify and explain the delay. At the same time, it is the duty of the court to weigh all the circumstances of a given case before pronouncing upon the complaint;
(ix) an objection based on denial of right to speedy trial and for relief on that account, should first be addressed to the High Court. Even if the High Court entertains such a plea, ordinarily it should not stay the proceedings, except in a case of grave and exceptional nature. Such proceedings in High Court must, however, be disposed of on a priority basis.

From Para 17,

17. It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal persecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated above, and determine in each case whether the right to speedy trial has been denied in a given case. Where the court comes to the conclusion that the right to speedy trial of an accused has been infringed, the charges or the conviction, as the case may be, may be quashed unless the court feels that having regard to the nature of offence and other relevant circumstances, quashing of proceedings may not be in the interest of justice. In such a situation, it is open to the court to make an appropriate order as it may deem just and equitable including fixation of time for conclusion of trial.

Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008

Citations : [2008 RCR CRI 4 890], [2008 AIR SC 0 5165], [2008 JT 8 109], [2008 AIR SC 3077], [2008 RAJ 6 293], [2008 SCC 16 117], [2008 WLC 2 677], [2008 MLJ CRI 2 1649], [2009 SCJ 1 998], [2008 SCALE 9 760], [2008 CCR 3 176], [2008 DLT CRI 3 533], [2008 SLT 6 233], [2008 AIOL 2116], [2008 ANJ SC 2 173], [2008 BOMCR CRI SC 2 590], [2010 SCC CRI 4 217], [2008 AIC SC 68 93], [2009 LLN 2 798], [2009 FLR 122 790], [2008 CRLJ SC 3944], [2008 AIR SCW 5165]

Other Sources:

https://indiankanoon.org/doc/1223002/

https://www.casemine.com/judgement/in/5609ae6ae4b0149711413c8f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Pankaj Kumar Vs State of Maharashtra and Ors Right to Personal Liberty Right to Speedy Trial | Leave a comment

In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials

Posted on November 30, 2020 by ShadesOfKnife

These are the recommendations prepared by Amicus curie in March 2020.

In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials

Supreme Court issued notices to all HCs and State Administrations to hear them and then pass Draft Rules.

Inadequacies and deficiencies in criminal trials on 27 Oct 2020

Final Decision on 24-Apr-2021,

In Re To Issue Certain Guidelines Regarding Inadequacies on 20 Apr 2021

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Right to Speedy Trial | Leave a comment

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Posted on October 4, 2020 by ShadesOfKnife

Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Citations: [2001 ACR SC 1 719], [2001 AIR SC 1246], [2001 ALD CRI 1 559], [2001 ALLMR CRI SC 582], [2001 JT SC 2 558], [2001 RCR CRIMINAL 1 838], [2001 RLW SC 2 297], [2001 SCALE 2 8], [2001 SCC 4 525], [2001 SCR 1 990], [2001 UC 1 652], [2001 AIR SC 0 795], [2001 BCR 5 323], [2001 AIR SC 1248], [2001 BOMCR CRI SC 323], [2001 CRIMES SC 1 248], [2001 CRLJ SC 1242], [2001 SUPREME 1 661], [2001 SLT 2 68], [2001 SRJ 3 341], [2001 CCR 1 197], [2001 JCC 1 185], [2001 AD SC 2 202], [2001 BLR 2 978], [2001 SCC CR 787], [2001 UJ SC 1 593], [2001 RECENTCR 1 838], [2001 AIR SCW 0 795], [2001 MLJ CRL 1 476]

Other Sources:

https://indiankanoon.org/doc/220491/

https://www.casemine.com/judgement/in/5609ad90e4b0149711411b60

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Landmark Case Reportable Judgement or Order Right to Speedy Trial Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors | Leave a comment

Hussainara Khatoon and Ors Vs Home Secretary, State of Bihar

Posted on December 23, 2018 by ShadesOfKnife

This is the landmark judgment from Hon’ble Apex Court, regarding free legal aid and Right to Speedy Trial.

1 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 12 February, 1979

Citation: 1979 AIR 1360, 1979 SCR (3) 169

Indiankanoon link: https://indiankanoon.org/doc/1007347/


2 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 9 March, 1979

Citation: 1979 AIR 1369, 1979 SCR (3) 532

Indiankanoon link: https://indiankanoon.org/doc/1373215/


3 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 19 April, 1979

4 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 4 May, 1979

Citation: 1979 AIR 1819, 1979 SCR (3)1276

Indiankanoon link: https://indiankanoon.org/doc/384639/


5 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 4 August, 1995

Citation: 1995 SCC (5) 326, 1995 SCALE (4)633

Indiankanoon link: https://indiankanoon.org/doc/68294832/


Some background about the advocate who fought this case.

In Public Interest


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar Landmark Case Right to Legal Aid Right to Speedy Trial | Leave a comment

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