Treat The Accused/Witness/Complainant Humanely
Kerala High Courts Order to the Criminla Courts
The Kerala High Court made a landmark decision in the history
of India when it issued a series of directives to the criminal
courts in the matter of 'presence and surrender of the accused'
and 'presence of the witnesses'. Until now ,an accused ,
witness or even a complainant had to spend hours on end
for weeks,months or years in the verandah of the crowded
court waiting for a call of his case at an unspecified time
of the day. Justice R Basant's judgment is going to change
all that for those in Kerala.We can only hope that there
is a national legislation on the lines of the directions of
Justice Basant's ruling.The Kerala HC ruled ...
* The criminal courts must ensure the attendance of the
accused in all cases before the courts ONLY 'after the
commencement of the proceedings'.
* Once the appearance is complete,all parties should
immediately be heard and appropriate orders on
charges be passed.
* The presence of the accused/complainant should NOT be
ordinarily insisted on days when his presence was not
required for the progress of the case.
* The complainants/accused SHOULD be permitted to be
represented by his counsel on all such dates even
WITHOUT and application.
* If there was no such presence/representation by the counsel
consequence would follow at the 'judicious discretion' of
the court.
* 'SPECIFIC DIRECTION' should be made in 'advance' while
adjourning the case through their counsel,if their personal
presence was required on the day of the posting.
* When issuing summons to witnesses ,the SPECIFIC TIME for
appearance (forenoon/afternoon etc) should be mentioned.
* The cases posted for recording or questioning the accused
should not be adjourned on the ground that the co-accused
was not present.
* The work with respect to the available accused should be
completed and the case should be adjourned for the work
in respect of the non-available accused 'without insisting' the
personal appearance of the available accused.
* When the court commenced the work for the day,all accused
who wanted to surrender before the courts shall be allowed
to do so and their bail applications shall be 'disposed of'
by the court on 'the same day' before the court 'rose for the
day'. [This is to prevent the practice of the courts which send
the accused to at least 1 day in jail when the accused
surrendered.]
* The charges /particulars of the offence should be read over
and explained to them 'expeditiously' after the appearance.
* The cases SHALL be LISTED for making day to day trial and
summons issued to the accused.
* If for any reason,such posting or trial could not be given
within one year,the case shall be adjourned to a date,
however distant, for day to day trial.
* There should be NO 'unnecessary' formal postings of the
case to any date.
January 13, 2003