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MUMBAI: Expressing her distress at the ‘’sorry state of affairs’’ where the trial courts despite its order to expedite trial for a man facing murder charges, did not even frame charge for over six months, Justice Bharati Dangre of the Bombay high court said, it appeared that the system forgot about him.
Observing that an accused, incarcerated for five years as an under-trial prisoner certainly “deserves an answer’’ the HC directed District Judges from Thane and Belapur to offer by December 18 their explanation about why the charge has not been framed and the dates when the accused was not produced before it.
“With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this Applicant, as he has not been produced before the Court and despite his arrest some five years back, the Court has not even bothered to frame the charge,’’ said Justice Dangre on December 11 while hearing his plea for bail.
Javed Ansari, was booked and arrested in a murder case. Last July, he withdrew his bail plea when the HC was disinclined to entertain it, but noting the lack of progress in trial due to the pandemic, had directed the trial court to try and conclude the trial in a year.
“Six months more than the period granted has expired, and surprisingly I am informed that till date, leave aside the conclusion of the trial, even the charge is not framed,’’ said Justice Dangre after hearing Ansari’s advocate Syed Naqvi and additional public prosecutor S R Agarkar.
The case was transferred to another court in Belapur and Naqvi said Ansari was not even produced before that court. It was earlier with the Thane court.
The HC said a response “certainly expected from the Belapur Court’’ would be that the case was transferred to it “lately’’ and the Thane court will “raise its hands’’ citing the transfer. Such a “situation definitely depicts a sorry state of affairs, when time and again the Apex Court has warned about the right of an accused and specifically right to have speedy trial,’’ said Justice Dangre.
Observing that she could have granted bail on grounds of his long incarceration alone, the Judge said it was “appropriate to have an explanation from the District Judge, Thane as well as the District Judge and Additional Sessions Judge, Belapur. “At some or the other time, the system must fix accountability on individuals, rather than talking about the delays in the process on account of huge pendency,’’ said the HC in the order.
Observing that an accused, incarcerated for five years as an under-trial prisoner certainly “deserves an answer’’ the HC directed District Judges from Thane and Belapur to offer by December 18 their explanation about why the charge has not been framed and the dates when the accused was not produced before it.
“With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this Applicant, as he has not been produced before the Court and despite his arrest some five years back, the Court has not even bothered to frame the charge,’’ said Justice Dangre on December 11 while hearing his plea for bail.
Javed Ansari, was booked and arrested in a murder case. Last July, he withdrew his bail plea when the HC was disinclined to entertain it, but noting the lack of progress in trial due to the pandemic, had directed the trial court to try and conclude the trial in a year.
“Six months more than the period granted has expired, and surprisingly I am informed that till date, leave aside the conclusion of the trial, even the charge is not framed,’’ said Justice Dangre after hearing Ansari’s advocate Syed Naqvi and additional public prosecutor S R Agarkar.
The case was transferred to another court in Belapur and Naqvi said Ansari was not even produced before that court. It was earlier with the Thane court.
The HC said a response “certainly expected from the Belapur Court’’ would be that the case was transferred to it “lately’’ and the Thane court will “raise its hands’’ citing the transfer. Such a “situation definitely depicts a sorry state of affairs, when time and again the Apex Court has warned about the right of an accused and specifically right to have speedy trial,’’ said Justice Dangre.
Observing that she could have granted bail on grounds of his long incarceration alone, the Judge said it was “appropriate to have an explanation from the District Judge, Thane as well as the District Judge and Additional Sessions Judge, Belapur. “At some or the other time, the system must fix accountability on individuals, rather than talking about the delays in the process on account of huge pendency,’’ said the HC in the order.
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