Can accused be kept in judicial custody when trial court is unable to hold trial due to Covid-19? Allahabad High Court

The Allahabad High Court has recently asked a trial court and the Law Department of the State of Uttar Pradesh to apprise it as to whether or not the liberty of an accused can be curtailed, if the trial court is unable to proceed with the trial. .The court observed that it might not be logical to keep an accused in judicial custody when the trial court is unable to proceed with the trial on account of Covid-19 situation. ."If the trial court is unable to proceed the trial then there may not be any logical reason to keep the accused under judicial custody inasmuch as it appears that COVID-19 situation is not going to be controlled in days to come," the court observed..The observations came after the single-judge Bench of Justice Rajesh Singh Chauhan took on record a status report submitted by the trial court in which it was clarified that charges against the accused had been framed on March 26, 2019 but the trial proceedings were held up due to Covid-19. The report submitted by Additional District and Sessions Judge, Gonda pursuant to a High Court order dated October 22, 2020 stated that examination of witness would be done on November 26, 2020..The High Court observed that if the status report was accepted on its face value, it could be inferred that the trial court was unable to proceed on account of COVID-19 situation. .In view of the same, the court the questioned whether liberty of the accused may be curtailed when the trial courts were unable to proceed the trial. ."The accused person is languished under judicial custody for the reason that the trial be conducted and concluded at the earliest but if the situation is otherwise, as aforesaid, the counsel for the State has to address the Court on the next date as to what course the Court should adopt because for want of logical explanation for not conducting the trial, the fundamental right granted to every citizen under Article 21 of the Constitution of India may not be denied,"the High Court stated. .In this backdrop, the Additional Government Advocate has been directed to seek specific instructions from the trial court as well as from the Law Department of the State of UP..The matter will now be taken up next on December 7, 2020..[Read Order]