Delhi High Court Issues Directions For Compliance Of Higher Courts' Orders To Conclude Trials Expeditiously
The Delhi High Court has issued directions to the trial courts in the national capital for compliance of higher courts' orders to conclude pending trials expeditiously in a time bound manner.Justice Swarana Kanta Sharma said that where any direction is passed to the trial court by a higher court for expeditious conclusion of trial but the concerned judge is on long leave or where the Court...
The Delhi High Court has issued directions to the trial courts in the national capital for compliance of higher courts' orders to conclude pending trials expeditiously in a time bound manner.
Justice Swarana Kanta Sharma said that where any direction is passed to the trial court by a higher court for expeditious conclusion of trial but the concerned judge is on long leave or where the Court is vacant, the Link Court shall immediately bring to the notice of the concerned District & Sessions Judge that the matter is time-bound.
“The District & Sessions Judge shall then take necessary steps to assign the case to another Court to ensure that the directions of either this Court or Hon‟ble Supreme Court are complied with in letter and spirit, within the stipulated time. Needless to say, there will be no reason to re-assign the case, in case the court is on leave for a brief period,” the Court said.
It added that the order of the higher Court containing issuance of directions for expeditious conclusion of trial must be placed on the cover page of the judicial file.
The Court said that the Ahlmad must mention in the judicial file that the matter is time bound and the period by which the trial is to conclude, in bold letters and red ink.
“This will ensure that such orders do not escape the attention of the Trial Court, so that no ground could be taken in future that such an order was not brought to the knowledge of the concerned Trial Court,” the Court said.
Justice Sharma was dealing with a bail plea filed by a man accused of playing an active role in the conspiracy hatched by the co-accused to carry out a premeditated acid attack on the victim, a 30- year-old senior resident doctor working at a Government hospital.
It was alleged that the acid attack was orchestrated as an act of revenge after the victim had rejected the co-accused's marriage proposal.
On February 02 last year, the Supreme Court had dismissed the petitioner's SLP seeking regular bail during the pendency of the trial, while directing the Trial Court to conclude the trial within one month.
It was the petitioner's case that the trial had still not concluded despite the directions issued by the Supreme Court and the High Court for expeditious completion.
Justice Sharma observed that it was unfortunate that despite the directions from the Supreme Court and High Court, the trial in the present case had not yet concluded.
The Court said that the trial should have been concluded by March last year while noting the fact that the petitioner had remained in judicial custody for over 10 years.
“Such a prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial of a case,” the Court said.
While the Court refused to grant bail to the petitioner, it granted one last opportunity to the prosecution and the Trial Court to conclude trial within one month.
“The concerned District & Sessions Judge will ensure that the case is assigned to Fast-Track Court for concluding trial within one month from the date of passing of this order. In case, the trial is not concluded within a month, the applicant will be at liberty to move a fresh application for bail, which will be heard and decided by this Court on the ground of delay in concluding trial, and on merit,” the Court said.
Title: VAIBHAV KUMAR v. STATE THROUGH SHO RAJOURI GARDEN
Citation: 2025 LiveLaw (Del) 260