New Delhi, Sep 25: The Supreme Court has said the practice of conducting day-to-day trials, particularly in sensitive cases, was given a complete go-by, stressing courts should revert to it.
Observing the right to speedy trial was implicit in Article 21 of the Constitution, the apex court said all high courts need to constitute a committee to discuss this issue very seriously for the benefit of their respective district judiciaries.
The top court said for reverting to the old practice of conducting trials on a day-to-day basis, it is necessary to understand the current social, political and administrative scenario including the way the police is functioning.
“The practice of conducting trials on a day-to-day basis more particularly in important or sensitive cases as was the tradition about thirty years ago has been given a complete go-by. We sincerely believe that it is high time that the courts revert to that practice,” the bench said in its September 22 order.
The top court’s order came on a plea by the CBI challenging a September last year order of the Calcutta High Court granting bail to an accused in a rape case.
The bench said one of the significant factors contributing to delays in justice system was the discretionary practice of non-continuous criminal trials, where evidence was heard by the court in “piecemeal fashion”, with cases effectively spread out over the course of many months or even years.
“While limited judicial or court resources and a shortage of available court time due to the volume of cases are often cited for the use of this discretionary practice, the costs of non-continuous trials to both parties and to the justice system as a whole can far outweigh the perceived benefits,” it said. (PTI)
High time courts revert to practice of day-to-day trials in sensitive cases: SC
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