By Tarunkumar Singhal, Raman Jokhakar, Chartered Accountants
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Expressing serious concern over High Courts staying investigations in criminal cases, the Supreme Court has directed the Higher Courts to exercise such powers with due caution and circumspection.
“Unduly long delay has the effect of bringing about blatant violation of the rule of law and adverse impact on the common man’s access to justice,” said a Bench comprising Justice A. K. Ganguly and Justice T. S. Thakur in its judgment.
The Bench said, “a person’s access to justice is a guaranteed fundamental right under the Constitution and particularly Article 21. Denial of this right undermines public confidence in the justice delivery system and incentivises people to look for shortcuts and other fora where they feel that justice will be done quicker. In the long run, this also weakens the justice delivery system and poses a threat to Rule of Law”.
Taking into account that such pendency were related to HC orders putting on hold the trial/ investigations into the criminal cases, the SC said, “the power to grant stay of investigation and trial is a very extraordinary power given to High Courts and the same power is to be exercised sparingly only to prevent an abuse of the process and to promote the ends of justice”.
The Bench passed a slew of directions to the HCs to reduce such pendency like disposing of such proceedings as early as possible, preferably within six months from the date its stay order, etc. The SC also asked the Law Commission to inquire into the issue and submit a report on it.
The Bench took into account that the pendency in criminal cases related to murder, rape, kidnapping and dacoity in different High Courts, varies from 1 to 4 years. Out of 201 cases, 34 such cases out were pending in Patna High Court and 33 out of 653 cases in Allahabad High Court were pending for eight or more years.
