Trial of cases are moving at inordinately slow pace in Allahabad district and the courts there seem to be unmindful of long periods of incarceration of undertrial persons, the Allahabad High Court said recently [Ashfak vs State of UP & 3 Others].
Justice Ajay Bhanot flagged the issue while hearing the bail plea of an accused whose counsel said he has been in jail since July 2019 and not a single witness has been examined
The single-judge expressed serious dissatisfaction at the pace of the trial.
“This Court is repeatedly finding that in district Allahabad the trials are moving at an inordinately slow pace and the courts seem to be unmindful of long periods of incarceration of the accused persons. There is prima facie disarray in the functioning of the judgeship. The District Judge, Allahabad should be alerted to the dismal state of affairs in the judgeship and take appropriate action as per law,” the Court said.
The single-judge added that repeated orders have been passed by the Court in the past in this regard but to no avail.
Earlier, the Court had asked the District Judge, Allahabad, to look into the present matter and also disclose the steps taken to sensitize trial court judges about expediting the trials in cases where the accused have been confined to jail for long periods of time.
On September 17, the High Court rejected the reply sent by the trial court regarding the delay in trial.
The failure of the trial court to issue coercive measures to compel the appearance of witnesses has not been satisfactorily explained, it observed.
On September 25, the Court was again informed that no witness has been examined till date. Following this, it called for a fresh report.
“Learned District Judge, Allahabad shall send a fresh status report on the next date of listing and explain the cause for the delay despite orders of this Court,” the Court ordered while listing the matter for hearing on October 3.
Advocate Brij Bhushan Upadhyay represented the applicant.
Advocate Ved Prakash Singh represented an opposite party.
[Read Order]