Allahabad HC pulls up trail court for 'lethargic' handling of 20-yr-old criminal case

Prayagraj, Nov 25 (PTI) The Allahabad High Court has pulled up a trial court in Prayagraj for its "lethargic" handling of a 20-year-old criminal case observing that a 73-year-old accused has been "victimized" due to the court's routine adjournments and the prosecution's failure to produce even a single witness for the past 13 years.

"The judiciary, like all other organs of the state, is equally accountable to the people. The presiding officer of the trial court therefore has to realize his accountability to the common man," the court said.

Justice Vivek Kumar Singh directed the trial court to conclude the trial within one month or face disciplinary proceedings.

Shrish Kumar Malviya, 73, is facing prosecution under Section 129 of the Representation of the People Act, 1951, since 2005 (section 129 deals with electoral offences).

The offence carries a maximum punishment of up to six months, yet the proceedings have dragged on for 20 years.

Looking into the order sheet of the lower court, Justice Singh took note of the fact that while the accused has been regularly appearing for the last 13 years, the prosecution has failed to produce a single witness.

The court observed, "This is a very serious matter where a senior citizen aged about 73 years is being victimized by the trial court and prima facie from perusal of records, it appears that the trial court is lethargic in functioning its duty and doing nothing except granting unnecessary adjournments sought on behalf of the prosecution." "The trial court completely ignored the directions issued by this court as well as by the hon'ble apex court wherein it is directed that old cases should be disposed of/decided at the earliest," the court added.

The bench in its order dated November 20 emphasized the importance of speedy trial and said, "Right of speedy trial is a fundamental right of an accused and right of speedy trial does not confine only to the court proceedings but if there is long delay in concluding the investigation then also fundamental right of speedy trial of accused violates." PTI COR RAJ ZMN