Supreme Court directs revival of day-to-day trial practice to ensure speedy justice in sensitive cases.
Case in NewsDay-to-day trial practice must be revived: Supreme Court guideline stress speedy trial in sensitive cases . |
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Case Overview
Case Name: The Central Bureau of Investigation vs. Mir Usman @ Ara @ Mir Usman Ali
A bench of Justice JB Pardiwala and Justice KV Viswanathan of the Supreme Court of India expressed concern over the discontinuation of day-to-day trial hearings in sensitive matters . The Court observed that trials conducted in a piecemeal fashion undermine justice delivery . The issue arose in the context of a CBI plea to cancel the bail of Mir Usman, accused in a rape case linked to the 2021 West Bengal post-poll violence .
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Key Aspects
The Court highlighted the gravity of delays in criminal proceedings and emphasized urgent judicial reforms .
- Tradition of day-to-day trials, common three decades ago, has been discontinued .
- Non-continuous trials cause undue delay, witness tampering risks and injustice to victims .
- Heavy pendency of cases and administrative burdens cited by trial courts for adjournments .
- Court directed High Court Chief Justices to form Committees to revive the practice .
Legal Insights
The Court reinforced the statutory and constitutional framework mandating speedy trials .
- Section 309 CrPC (now Section 346 BNSS, 2023) – trials must continue day-to-day until witnesses are examined .
- Article 21, Constitution of India – speedy trial is part of right to life and liberty.
- Past precedents – Supreme Court rulings have consistently held speedy trial as fundamental.
- Adjournments – permissible only for special reasons recorded in writing, not for convenience of advocates.
Court’s Verdict
The Supreme Court of India refused to cancel Mir Usman’s bail but issued detailed guidelines for High Courts and trial courts . It directed that sensitive trials be concluded expeditiously, with the present case to finish by 31 December 2025 .
Source – Supreme Court of India
Read also – Constitution of India
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