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TMI Blog2017 (3) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... s been dismissed by the High Court pending appeal. The appellants contend that, having regard to the long period of custody, they are entitled to bail as speedy trial is their fundamental right under Article 21 of the Constitution. 3. To consider the question as to the circumstances in which bail can be granted on the ground of delayed proceedings when a person is in custody, notice was also issued to learned Attorney General and Mr. Siddharth Luthra, Senior Advocate was appointed Amicus Curiae. 4. We have heard learned counsel for the parties, the learned amicus and the learned Additional Solicitor General. 5. During the hearing reference has been made to the decisions of this Court dealing with the issue and reference has also been made to Section 436A Cr.P.C. which provides for grant of bail when a person has undergone detention upto one half of maximum prescribed imprisonment. It was submitted that the said provision applies only during trial and the first case is not covered by the said provision as the appellant therein has not undergone the requisite detention period to claim bail under the said provision. 6. With regard to grant of bail, pending appeal, reference has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guidelines periodically because the enforcement of the guidelines by the subordinate courts functioning in different States should now be the responsibility of the different High Courts to which they are subordinate. General orders for release of undertrials without reference to specific fact-situations in different cases may prove to be hazardous. While there can be no doubt that undertrial prisoners should not languish in jails on account of refusal to enlarge them on bail for want of their capacity to furnish bail with monetary obligations, these are matters which have to be dealt with on case-to-case basis keeping in mind the guidelines laid down by this Court in the orders passed in this writ petition and in subsequent cases from time to time. Sympathy for the undertrials who are in jail for long terms on account of the pendency of cases has to be balanced having regard to the impact of crime, more particularly, serious crime, on society and these considerations have to be weighed having regard to the fact-situations in pending cases. While there can be no doubt that trials of those accused of crimes should be disposed of as early as possible, general orders in regard to judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idual inspiration and a committed collective endeavour would indubitably help in this regard. Neither less, nor more." 13. In Thana Singh v. Central Bureau of Narcotics (2013) 2 SCC 590 this Court directed that liberal adjournments must be avoided and witnesses once produced must be examined on consecutive dates. Directions were also issued for setting up of sufficient laboratories, for disposal of seized narcotics drugs and for providing charge-sheets and other documents in electronic form in addition to hard copies of same to avoid delay. 14. In Akhtari Bi (supra) this Court observed as under: "5. ... ... ...it is incumbent upon the High Courts to find ways and means by taking steps to ensure the disposal of criminal appeals, particularly such appeals where the accused are in jails, that the matters are disposed of within the specified period not exceeding 5 years in any case. Regular Benches to deal with the criminal cases can be set up where such appeals be listed for final disposal. We feel that if an appeal is not disposed of within the aforesaid period of 5 years, for no fault of the convicts, such convicts may be released on bail on such conditions as may be deemed fit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners. III 17. In Imtiyaz Ahmad (supra) this Court noted that serious cases involving murder, rape, kidnapping and dacoiting were pending for long period. In some cases proceedings are delayed on account of stay orders. Out of the said cases, in 9 per cent cases stay was operating for more than 20 years, in 21 per cent stay was operating for more than 10 years. Having regard to the situation noticed in the judgment, this Court directed the High Courts to dispose of cases in which proceedings were stayed preferably within six months from the date of stay orders. The Law Commission was directed to make recommendation for measures to be adopted by way of creation of additional courts and the like matters. The Law Commission made its recommendations in its 245th Report which was examined by the National Court Management Systems Committee (NCMSC) to determine additional number of courts required. The said report was thereafter considered by this Court in judgment dated 2nd January, 2017 in Imtiyaz Ahmad v. State of U.P. & Ors. [Criminal Appeal No. 254-262 of 2012]. After noticing the stand of the Ministry of Law and Justice on the subject of creation of additional posts, this Court al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir state judiciaries and the enhanced strength in terms of the interim recommendation of NCMSC; vii) The final report submitted by NCMSC may be placed for consideration before the Conference of Chief Justices. The directions in (i) above shall then be subject to the ultimate decision that is taken on receipt of the final report; and viii) A copy of this order shall be made available to the Registrars General of each High Court and to all Chief Secretaries of the States for appropriate action." The said matter now stands adjourned to July, 2017. 18. During Joint Conference of Chief Ministers of States and Chief Justices of High Courts held in April, 2015, a decision was taken that all High Courts will establish Arrears Committees and prepare a plan to clear backlog of cases pending for more than 5 years. Such Committees have reportedly been established. In Chief Justices' Conference held in April, 2016 under Item No. 8 inter alia the following resolution was passed: " [8] DELAY AND ARREARS COMMITTEE: xxx xxx xxx Resolved that (i) all High Courts shall assign top most priority for disposal of cases which are pending for more than five years; (ii) High Courts where ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter alia by holding quarterly meetings of District Judges with Senior High Court Judges as well as constant monitoring by concerned Administrative Judges [See the information on website of Punjab and Haryana High Court under the caption "Action Plans"]. Presumably, there is similar improvement as a result of planned efforts elsewhere. In view of successful implementation of plan to dispose of cases of undertrials in custody in two years in Session Trial cases and six months in Magisterial trials, we do not see any reason why this target should not be set uniformly. The same need to be regularly monitored and reflected in performance appraisals of concerned judicial officers. Handicaps pointed out can be tackled at appropriate level. Accordingly, we are of the view that plan of each High Court should include achieving the said target and not the target of five years for undertrials in custody. Of course, if such cases can be disposed of earlier, it may be still better. Plans can be revised as per local conditions. We also feel delay in disposal of bail applications and cases where trials are stayed are priority areas for monitoring. Timeline for disposal of bail applications ought t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise, appointment of public prosecutors, compliance of Section 207/208 Cr.P.C. by scanning/digitizing police reports, introduce system for electronic service of summons (wherever necessary), issuing timelines for disposal of bail matters at all levels. It has also been suggested that suitable amendments ought to be made in the Code of Criminal Procedure for permitting tendering evidence of medical witnesses on the pattern of Section 293 Cr.P.C. While we have discussed some of the issues germane to the subject of speedy trials, in view of directions already issued by this Court, issuance of further directions and monitoring of directions already issued is left to the concerned High Courts. 24. In view of the above, we do consider it necessary to direct that steps be taken forthwith by all concerned to effectuate the mandate of the fundamental right under Article 21 especially with regard to persons in custody in view of the directions already issued by this Court. It is desirable that each High Court frames its annual action plan fixing a tentative time limit for subordinate courts for deciding criminal trials of persons in custody and other long pending cases and monitors imple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Ministers have resolved that all cases must be disposed of within five years which by any standard is quite a long time for a case to be decided in the first court. Decision of cases of undertrials in custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial - vested interests or unscrupulous elements try to delay the proceedings. Lack of infrastructure is another handicap. Inspite of all odds, determined efforts are required at every level for success of the mission. Ways and means have to be found out by constant thinking and monitoring. Presiding Officer of a court cannot rest in the state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases. The first step in this direction is preparation of an appropriate action plan at the level of the High Court and thereafter at the level of each and every individual judicial officer. Implementation of the action plan will require serious efforts and constant monitoring. 27. To sum up: (i) The High Courts may issue direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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