Plea To Extend Judge's Tenure Conducting Murder Trial: "No Impediment To Successor Taking Over Matter": Madras HC Orders Trial Completion By July
Noting that there may not be an impediment to the successor-in-office taking over the matter and dealing with the same in accordance with the law, the Madras High Court on Monday refused to extend the Tenure of a Judge conducting a murder trial.The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a plea seeking extension of the tenure of a Judge who was...
Noting that there may not be an impediment to the successor-in-office taking over the matter and dealing with the same in accordance with the law, the Madras High Court on Monday refused to extend the Tenure of a Judge conducting a murder trial.
The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a plea seeking extension of the tenure of a Judge who was to demit office on May 31, so that a murder trial pending before the Judge could be disposed of without the matter being dealt with by another Judge.
At the outset, the Court observed that in an extraordinary situation, an extension may be granted, particularly since a lot of time has been spent without any meaningful steps being taken in the matter in the wake of pandemic and the closing down of Courts thereupon.
However, the Court further noted the submission on behalf of the principal accused that it was not as if the entire trial was conducted by this Judge.
The Registry also reported that the relieving order had been issued to the concerned Judge. However, the Court noted that in an exigency, such an order can be undone by judicial order, but the Court added:
"Taking into consideration the fact that the entire trial may not have been conducted before this Judge, there may not be any impediment to the successor-in-office taking over the matter and dealing with the same in accordance with law, as expeditiously as possible."
Accordingly, the plea was disposed of with a direction to the Registrar-General of the Court to ensure that the vacancy created by the superannuation of the present incumbent in the relevant Court is filled up within the next fortnight, so that the matter can be concluded by the end of July, 2021, without granting any further accommodation to the prosecution or the defence after June 15, 2021.
Also, the Court directed that the rest of the matter may be concluded on the virtual mode, if arguments remain outstanding and no adjournment should be sought on either side to deal with the matter any further.
Case title - A.A. Mohan v. The Principal Secretary Law, Court and Prison Secretariat and others
Read Order