'Treatment Worse Than Disease': Delhi High Court Refuses To Direct Trial Courts To Issue Notice To Complainants At Pre-Trial Stage

The Delhi High Court has refused to direct the trial courts in the national capital to mandatorily issue notice to the complainant or victim in a criminal case at pre-trial stage.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that such a direction is likely to result in avoidable and undesirable delays in trials and is likely to work against the objective of expeditious trials.

The court observed that if such a suggestion is accepted, it would act as 'a treatment worse than the disease'.

“There is no mandate in the statute obliging the Criminal Court to issue notice to the complainant/victim at pre-trial stage. We are unable to accept the suggestion of the Petitioner that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings,” the court said.

The bench was dealing with a PIL moved by lawyer Vivek Kumar Gaurav, seeking a direction to all District Courts or Police stations to supply copy of the chargesheet or final report free of cost to the Complainants.

The plea also sought a direction on the District Courts to issue notice to the Complainants at the time of taking of cognizance so as to enable the victims to exercise their right to be heard and participate in pre-trial criminal proceedings.

Disposing of the plea, the bench said that the Delhi High Court Rules make it clear that a party to a criminal case is entitled to obtain copies of the record of the case upon filing of an application.

“A party desirous of obtaining a free copy can also do so under Rule 5 by making an application in this regard,” the court noted.

It further noted that the Union Government has already issued direction to all the States and Union Territories to implement the SOP wherein it is stated that the victims of sexual offences (women and children) will be provided a copy of chargesheet without any cost.

“We are, therefore, of the opinion that in view of the Delhi High Court Rules, as well as, the aforesaid directions issued by Union of India in cases pertaining to sexual offences against women and children there is an adequate statutory mechanism in existence for a victim or complainant to obtain copies/certified copies and no further direction as sought in prayer (a) of the writ is merited,” the court said.

Regarding the second prayer, the bench said that the right of the complainant to be heard at the time of taking cognizance and in pre-trial criminal proceedings was recognized by the Supreme Court in Jagjeet Singh v. Ashish Mishra.

The Apex Court had held that wherever the victim comes forward to participate in the criminal proceedings, he or she will be accorded an opportunity of a fair and effective hearing.

“Thus, in view of the judgment of the Supreme Court in Jagjeet Singh v. Ashish Mishra (supra) and the amendments made to CrPC by the 2008 Amendment Act, there are sufficient rights given to the victim/complainant to effectively participate in pre-trial and trial proceedings if he/she so elects. This Court therefore, finds no ground for issuing directions as sought in prayer (b) of the writ,” the bench said.

Counsel for Petitioner: Mr. Rohit Shukla, Mr. Abhay Solanki and Mr. Muhammed Shawez, Mr. Kamil Khan, Advocates with Petitioner in person

Counsel for Respondent: Mr. Anurag Ahluwalia, CGSC with Mr. Shivam Sachdeva, G.P for R-1/UOI

Title: VIVEK KUMAR GAURAV v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 147

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