SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals [Read Order]

‘Issue notice to the Union of India as well as to the State of Madhya Pradesh to consider whether any steps are being taken to ensure expeditious hearing of such appeals by creating an alternative forum as suggested in Krishna Kant Tamrakar (supra) or otherwise.’

The Supreme Court has issued a notice to Union of India and the State of Madhya Pradesh to consider whether any steps are being taken to ensure expeditious hearing of criminal appeals by creating an alternative forum.

A bench of Justice Adarsh Kumar Goel and Justice Indu Malhotra was considering a Special Leave Petition wherein the petitioner stated that criminal appeals of the year 2001 and 2002 were being heard in Madhya Pradesh and there is no chance of subsequent appeals being heard expeditiously in spite of mandate under Article 21 of the Constitution.

Several judgments, including Hussain and Anr. v. Union of India and Krishna Kant Tamrakar v. State of Madhya Pradesh, were quoted before the bench.

The court, after issuing the notice to the Centre and Madhya Pradesh, posted the matter on 17^th July.

In Krishna Kant Tamrakar v. State of Madhya Pradesh, a two-judge bench had directed this:

“Accordingly, we are of the view that the Union of India ought to consider whether it is viable to have criminal appeals and other matters before the High Courts decided within reasonable time as per existing system. If not, whether it is possible to provide any other suitable forum for such appeals so as to ensure enforcement of the fundamental right of speedy justice or how else the situation can be remedied..”      

In another case, on Monday, the same bench had directed the Law Ministry to apprise it about the status in considering the amendment in Code of Criminal Procedure at par with Section 339-B of the CrPC as applicable in Bangladesh providing for ‘trial in absentia’ of accused who absents during the trial.