With delays in criminal trials seen as a major reason why witnesses get influenced by powerful accused, the Supreme Court on Tuesday asked trial courts to remedy this gap by strictly following the criminal code under which courts are under an obligation to complete trial as expeditiously as possible.
Referring to Section 309 of the Criminal Procedure Code, the court held that this provision mandates criminal trials to be held expeditiously. The second part of this provision provides trial courts to adopt a more “vigorous” stance while recording the evidence of witnesses. “Once the case reaches that stage, the statutory command is that such examination shall be continued from day to day until all the witnesses in attendance have been examined.” Where adjournment is sought by a lawyer, special reasons must exist and the same must be recorded in writing by the court.
But the reality being far from what is mentioned above, a Bench of Justices KS Radhakrishnan and Dipak Misra noted, “It has become a common practice and regular occurrence that the trial courts flout he legislative command with impunity.” Reminding the courts and its presiding officers that dispensation of justice rested on the conduct of a trial, it added, “such adherence can ensure speedy trial of cases and also rule out possibility of any maneuvering taking place by granting undue long adjournment for mere asking.”
The order came when the court dealt with a dowry harassment case from Punjab where a bride was driven to suicide due to mental cruelty. The apex court observed how the trial was conducted in a “piecemeal” manner with lawyers appearing in the case granted adjournments at will and examination of witnesses delayed for months together.
The Bench admonished such conduct on part of courts below to become “mute spectators” to allow trial be conducted by the lawyers for the parties.