Court Directs Expedited Proceedings to Address Long-Standing Delays in Case Commitment
In a significant move to address judicial delays, the Calcutta High Court's Circuit Bench at Jalpaiguri has ordered the expeditious disposal of a criminal case lingering since 1987. Presided over by Justice Jay Sengupta, the court criticized the undue delay in committing the case to the Sessions Court, despite a directive issued in 2019.
The case, registered under Dinhata Police Station Case No. 26 of 1987, involves charges under Sections 147, 148, 149, 324, and 302 of the Indian Penal Code. Although a charge-sheet was filed in 1990, procedural hurdles and absconding accused have significantly impeded progress.
Counsel for the petitioner, Sri Anil Chandra Barman, highlighted the adverse impact of the case's pendency, including the non-receipt of pension benefits post-retirement due to the unresolved legal proceedings. Emphasizing the need for justice, the petitioner's legal team urged a swift resolution.
Representatives for the State concurred, acknowledging the necessity for expedited proceedings to serve justice. The court echoed this sentiment, expressing disappointment over the prolonged delay and underscoring the importance of timely justice.
Justice Sengupta instructed the jurisdictional court to complete the case commitment to the Sessions Court within six weeks, suggesting the possibility of splitting proceedings for accused present. The Sessions Court was subsequently directed to expedite the trial without unnecessary adjournments.
This directive aims to revitalize the case, ensuring that justice is not further postponed. The court's decision underscores its commitment to addressing systemic delays and improving the efficiency of the judicial process.
Bottom Line:
Expeditious disposal of a criminal proceeding where FIR was lodged in 1987, and charge-sheet was submitted in 1990, but the case was not committed to Sessions Court even after a specific direction by the High Court in 2019.
Statutory provision(s): Sections 147, 148, 149, 324, 302 of the Indian Penal Code, 1973; Sections 209, 228 of the Criminal Procedure Code, 1973
