Delhi High Court Calls For Sensitization Of Trial Court Judges On Immediate Supply Of Conviction Orders To Accused

The Delhi High Court has called for the sensitization of all the judges of trial courts in the national capital to pronounce their judgments on conviction only when the order is ready and immediately provide a copy to the accused who has to be taken into custody.

Justice Navin Chawla directed that the order be circulated to the Principal District and Sessions judges of all the District Courts in Delhi.

“The learned Principal District and Sessions Judges of all the Districts Courts in Delhi are requested to sensitize the presiding judicial officers to pronounce their judgments on conviction only when they are ready for pronouncement and, in case where they are convicting the accused and taking the accused into custody, immediately supply a copy thereof, free of cost, to the accused for the accused to avail of the remedies available to them in accordance with law,” the court said.

Justice Chawla was dealing with a plea moved by two men who were taken into custody without being provided with the order convicting them in the case.

The court noted that when the two men were taken into custody, the judgment on conviction was not even ready with the Trial Court.

It said if the judgment was ready, there was no reason for the Trial Court to put the case for supplying a copy to the men on a later date.

The court observed that making available a copy of the judgment for the perusal of the accused or his or her pleader is vital.

It added the accused can avail of a remedy of appeal against the order or judgment of conviction immediately without awaiting the Order on sentence.

Observing that the accused is also entitled to know the reason for his or her conviction and why he or she is being arrested and his or her liberty being taken away, the court said:

“…the present case, not making available a copy of the judgment on conviction to the accused, and taking them into custody, in my view, therefore, was inappropriate on the part of the learned Trial Court and denial of not only a Statutory Right but also a Constitutional Right to the accused, as the judgment was not read as a whole in open court.”

The court was informed that the judgment of conviction was now available to the petitioners and was uploaded on the website.

According, the court disposed of the plea reserving all liberty with the petitioners to avail of such remedy as may be available to them in accordance with the law.

Counsel for Petitioners: Mr.Kamlesh Kr. Mishra, Ms.Renu, Ms.Manya Mishra, Mr.Dipak Raj Singh, Mr.Yashvardhan and Ms.Shivani Verma, Advs

Counsel for Respondents: Mr.Amol Sinha, ASC (Crl), Mr.Kshitiz Garg, Mr.Ashvini Kumar, Ms.Zhavi Lazarus, Advs. with SI Sachin Gulia. Mr.Aman Usman, APP Mr.Shashank Garg and Ms.Aradhya Chaturvedi, Advs. for R-2

Title: MUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 638

Click here to read order