Explain delay: HC to trial court

Saurabh Malik

Tribune News Service

Chandigarh, January 18

Balancing the scales of justice in favour of expeditious disposal of cases, the Punjab and Haryana High Court has made it clear that a lower court Judge can be asked to explain delay in judicial proceedings.

In an out of the ordinary case, the High Court has asked the trial court to explain why the question of charge was not considered till date though the challan or final investigation report in the case was submitted in October last year. The developments took place on a petition by Sultan against Haryana.

In his petition placed before the Bench of Justice Rekha Mittal, the petitioner was seeking regular bail in an FIR registered on September 13, 2016, for an offence punishable under Sections 506 and 34 of the Indian Penal Code, in addition to Section 12 of the Prevention of Children from Sexual Offences (POCSO) Act.

The case was registered at the Narnaund police station in Hisar district. Appearing before Justice Mittal, the counsel for the petitioner submitted that Sultan was arrested on September 15, 2016.

On the completion of investigation, challan was presented in the court, but the conclusion of trial was likely to take its own time, the counsel said. He added that the petitioner was ready to face proceedings “without any default”.

The counsel for the state did not dispute the “factual assertions”. At the same time, he added that the challan was presented on October 18, 2016, but the charge was yet to be framed.

After hearing the counsel for the parties and perusing the paper book along with the case record, Justice Mittal asserted that it was not alleged that the petitioner was likely to flee from the process of justice in case he was released on bail and he had been in custody for the past more than four months.

Directing his release on bail on certain conditions, Justice Mittal added, “As per the information given by the counsel for the state, the case is still pending for consideration on question of charge despite the fact that the challan was presented on October 18, 2016, and the accused was in custody since September, 2016.

“The trial court is directed to submit a report explaining the circumstances as to why the case has not been considered on the question of charge till date. The Registry is directed to put up the report before this court.”