The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners..A Bench of Justices SS Shinde and NJ Jamadar said to counsel for the National Investigation Agency (NIA), that while lawyers argue the matter and leave, courts bear the brunt of criticism for such delays."You will argue the matter and leave. But we have to answer. For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right.".The Court made the observation while hearing the hearing bail appeals filed by Bhima Koregaon accused Father Stan Swamy challenging the orders of the Special NIA Court refusing him bail..Senior Advocate Mihir Desai submitted that he was merely seeking limited relief in the matter. In this regard, he raised the following prayers:To permit Father Fraser Mascarenhas, friend of Swamy, to participate in the Magistrate inquiry being conducted in the custodial death of Swamy,To ensure that the inquiry is conducted as per the guidelines issued by the National Human Rights Commission, andDirections to ensure the inquiry report is shared with Swamy's counsel so that the same can be monitored..Advocate Sandesh Patil, appearing for NIA ,opposed the reliefs sought by Desai. He said that time and again, allegations were being made to pin the blame on the jail authorities and NIA.It was also his contention that the scope of the proceedings in which Desai was seeking relief had come to an end by virtue of Swamy's death..While assuring the NIA that its objection would be considered, the Court asked Patil about the status of the trial. "We have been informed that charges have also not been framed in the case. How many witnesses are there?".The Court clarified that this "practical approach" which NIA was expected to show was not just in the the Bhima Koregaon trial, but also in the other trials..The judges on the Bench also recalled that they had granted relief to Varavara Rao, another accused in the Bhima Koregaon case.They also expressed their expectation that counsel like Desai should ensure that the fairness shown by the High Court should spoken about as well.."We have huge respect for his work; had conceded to every request; never anticipated this would happen:" Bombay High Court on Stan Swamy.The Court had recently been informed during the hearing of another matter that the trial in the Bhima Koregaon matter had not even started. .The Bench had observed that if an accused is in judicial custody, the perception is that trial will not commence at the earliest.Justice Shinde added that due to the pandemic situation in the country, with courts also having limited functioning, the judicial system has been paralysed and the cumulative effect was that undertrials were languishing in jails..System paralysed due to COVID, undertrials languishing in jails: Bombay High Court while hearing bail plea of man accused of joining ISIS
The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners..A Bench of Justices SS Shinde and NJ Jamadar said to counsel for the National Investigation Agency (NIA), that while lawyers argue the matter and leave, courts bear the brunt of criticism for such delays."You will argue the matter and leave. But we have to answer. For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right.".The Court made the observation while hearing the hearing bail appeals filed by Bhima Koregaon accused Father Stan Swamy challenging the orders of the Special NIA Court refusing him bail..Senior Advocate Mihir Desai submitted that he was merely seeking limited relief in the matter. In this regard, he raised the following prayers:To permit Father Fraser Mascarenhas, friend of Swamy, to participate in the Magistrate inquiry being conducted in the custodial death of Swamy,To ensure that the inquiry is conducted as per the guidelines issued by the National Human Rights Commission, andDirections to ensure the inquiry report is shared with Swamy's counsel so that the same can be monitored..Advocate Sandesh Patil, appearing for NIA ,opposed the reliefs sought by Desai. He said that time and again, allegations were being made to pin the blame on the jail authorities and NIA.It was also his contention that the scope of the proceedings in which Desai was seeking relief had come to an end by virtue of Swamy's death..While assuring the NIA that its objection would be considered, the Court asked Patil about the status of the trial. "We have been informed that charges have also not been framed in the case. How many witnesses are there?".The Court clarified that this "practical approach" which NIA was expected to show was not just in the the Bhima Koregaon trial, but also in the other trials..The judges on the Bench also recalled that they had granted relief to Varavara Rao, another accused in the Bhima Koregaon case.They also expressed their expectation that counsel like Desai should ensure that the fairness shown by the High Court should spoken about as well.."We have huge respect for his work; had conceded to every request; never anticipated this would happen:" Bombay High Court on Stan Swamy.The Court had recently been informed during the hearing of another matter that the trial in the Bhima Koregaon matter had not even started. .The Bench had observed that if an accused is in judicial custody, the perception is that trial will not commence at the earliest.Justice Shinde added that due to the pandemic situation in the country, with courts also having limited functioning, the judicial system has been paralysed and the cumulative effect was that undertrials were languishing in jails..System paralysed due to COVID, undertrials languishing in jails: Bombay High Court while hearing bail plea of man accused of joining ISIS
