Common
Cause A Registered Society Through Its Director Vs. Union of India & Ors [1996] INSC 644 (1 May 1996)
Jeevan
Reddy, B.P. (J) Jeevan Reddy, B.P. (J) Majmudar S.B. (J) B.P. Jeevan Reddy.J .
CITATION:
1996 AIR 1619 1996 SCC (4) 33 JT 1996 (4) 701 1996 SCALE (4)127
ACT:
HEAD NOTE:
"Common
Cause", a registered society espousing public causes has asked for certain
general directions in this writ petition, under Article 32 of the Constitution
of India, with respect to cases pending in criminal courts all over the
country. The directions asked for are:
(a)
quashing of all proceedings against persons accused of offences under the Motor
Vehicles Act where the proceedings were initiated more than one year ago and
are still pending in any court in the country;
(b) to
direct the unconditional release of the accused and dismissal of all
proceedings pending in Criminal Courts with respect to offences under Indian
Penal Code or other penal statutes which have been pending for more than three
years from the date of their institution and for which offences the maximum
sentence provided under law is not more than six months - with or without fine.
This direction is sought in respect of all prosecutions whether lodged by
police, other governmental agency or by a private complainant;
(c)
directing the unconditional release of all the accused and dismissal of
criminal proceedings against persons who have been in police or judicial
custody for a period of more than three years from the date of their arrest or
remand to such custody, where the offences alleged are not punishable with more
than seven years with or without fine; and
(d) directing
the unconditional release of the accused and dismissal of proceedings against
persons accused of offences under Section 309 of the Indian Penal Code [I.P.C.]
where the proceedings have been pending in any Court for more than one year
from the date of their institution.
The
Petitioner has requested that the aforesaid directions should apply not only to
cases pending in Courts on the date of the passing of the order but also to
cases executed hereinafter.
Notices
were directed to Union of India and the State Governments of Uttar Pradesh and Bihar and to the Delhi Administration. Counters have also
been filed by them.
We are
of the opinion that the suggestions made are well-meaning and consistent with
the spirit underlying Part- III of the Constitution of India and the criminal
justice system. They deserve serious consideration by this Court and the High
Courts in the country. It is a matter of common experience that in many cases
where the persons are accused of minor offences punishable not more than three
years - or even less - with or without fine, the proceedings are kept pending
for years together. If they are poor and helpless, they languish in jails for
long periods either because there is no one to bail them out or because there
is no one to think of them. The very pendency cf criminal proceedings for long
periods by itself operates as an engine of oppression.
Quite
often, the private complainants institute these proceedings out of oblique
motives. Even in case of offences punishable for seven years or less - with or
without fine - the prosecutions are kept pending for years and years together
in criminal courts. In a majority of these cases, whether instituted by police
or private complainants, the accused belong to poorer sections of the society,
who are unable to afford competent legal advice. Instances have also come
before courts where the accused, who are in jail, are not brought to the court
on every date of hearing and for that reason also the cases undergo several
adjournments. It appears essential to issue appropriate directions to protect
and effectuate the right to life and liberty of the citizens guaranteed by
Article 21 of the Constitution. It is also necessary to ensure that these
criminal prosecutions do not operate as engines of oppression. Accordingly, the
following directions are made which shall be valid not only for the States of
Uttar Pradesh, Bihar and Delhi but for all the States and the Union Territories:
1(a)
Where the offences under I.P.C. or any other law for the time being in force
for which the accused are charged before any criminal court are punishable with
imprisonment not exceeding three year fine and if trials for such offences are
pending for one year or more and the concerned accused have not been released
on bail but are in jail for a period of six months or more, the concerned
criminal court shall release the accused on bail or on personal executed by the
accused and subject to such conditions if any, as may be found necessary in the
light of Section 437 of the Criminal Procedure Code [Cr.P.C.].
1(b)
Where the offences under I.P.C. or any other law for the time being in force
for which the accused are any criminal court are not exceeding five year, with
or without fine, and if the trials for such offence are pending for two years
or more and the concerned accused have not been released on bail but are in
jail for a period of six months or more, the concerned criminal court shall
release the accused on bail or on person bond to be executed by the accused and
subject to the imposing of suitable conditions, if any, in the light of Section
437 Cr.P.C.
1(c)
Where the offences under I.P.C. or any other law being in force for which the
accused are charged before any criminal court are punishable with seven years
or less, with or without fine, and if the trials for such offences are pending
for two years or more and the concerned accused have not been released on bail
but are in jail for a period of one year or more, the concerned criminal court
shall release the accused on bail or on personal bond to be executed by the
accused and subject to imposing of suitable conditions, if any, in the light of
Section 437 Cr.P.C.
2(a)
Where criminal proceedings are pending regarding traffic offences in any
criminal court for more than two on account of non serving summons to the
accused years/or for any other reason whatsoever, the court may discharge the
accused and close the cases.
2(b)
Where the cases pending in criminal courts for more than two years under I.P.C.
or any other law for the time being in force are compoundable with permission
of the court and if in such cases trial have still not commenced, the criminal
court shall, after hearing the public prosecutor and other parties represented
before it or their advocates, discharge or acquit the accused, as the case may
be, and close such cases.
2(c)
Where the cases pending in criminal courts under I.P.C. or any other law for
the time being in force pertain to offences which are non-cognizable and bailable
and if such pendency is for more than two years and if in such cases trials
have still not commenced, the criminal court shall discharge or acquit the
accused, as the case may be, and close such cases.
2(d)
Where the cases pending in criminal courts under I.P.C. or any other law for
the time being in force are pending in connection with offences which are
punishable with fine only and are not of recurring nature, and if such pendency
is for more than one year and if in such cases trial have still not commenced,
the criminal court shall discharge or acquit the accused, as the case may be,
and close such cases.
2(e)
Where the cases pending in criminal courts under I.P.C. or any other law for
the time being in force are punishable with imprisonment upto one year, with or
without fine, and if such pendency is for more than one year and if in such
cases trials have still not commenced, the criminal court shall discharge or
acquit the accused, as the case may be, and close such cases.
2(f)
Where the cases pending in criminal courts under I.P.C. or any other law for
the time being in force are punishable with imprisonment upto three years, with
or without fine, and if such pendency is for more than two years and if in such
cases trial have still not commenced, the criminal court shall discharge or
acquit the accused, as the case may be, and close such cases.
3. For
the purpose of directions contained in clauses (1) and (2) above, the period of
pendency of criminal cases shall be calculated from the date the accused are
summoned to appear in the court.
4.
Directions (1) and (2) made hereinabove shall not apply to cases of offences
involving
(a) corruption,
misappropriation of public funds, cheating, whether under the Indian Penal
Code, Prevention of Corruption Act or any other statute,
(b) smuggling,
foreign exchange violation and offences under the Narcotics Drugs and
Psychotropic Substances Act,
(c)
Essential Commodities Act, Food Adulteration Act, Acts dealing with Environment
or any other economic offences,
(d) offences
under Arms Act, Explosive Substances Act, Terrorists and Disruptive Activities
Act,
(e) offences
relating to the Army, Navy and Air Force,
(f) offences
against public tranquility;
(g) offences
relating to public servants,
(h) offences
relating to coins and Government stamp,
(i) offences
relating to elections,
(j) offences
relating to giving false evidence and offences against public justice
(k) any
other type of offences against the State (1) offences under the Taxing
enactments and
(m)
offences of defamation as defined in Section 499 I.P.C.
5. The
criminal courts shall try the offences mentioned in Para (4) above on a priority basis. The High Courts are
requested to issue necessary directions in this behalf to all the criminal
courts under their control and supervision.
6. The
criminal courts and all courts trying criminal cases shall take appropriate
action in accordance with the above directions. These directions are applicable
not only to the cases pending on this day but also to cases which may be
instituted hereafter. As and when, a particular case gets covered by one or the
other direction mentioned in Directions (1) and (2) read with Direction (4) above,
appropriate orders shall be passed by the concerned court without any delay.
The
writ petition is disposed of with the above directions No costs.
Note:
The Registrars of the High Courts are requested to communicate copies of this
Order to all the criminal courts under the control and superintendence of the
respective High Courts with a direction to send compliance reports to the High
Court within three months from the date of receipt of communication.
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