Hussain and Anr. vs Union of India - Supreme Court

 Hussain and Anr. vs Union of India - Supreme Court Important Judgment 2017 - 

 

On 9th March, 2017, in the case of Hussain and Anr. vs Union of India [Criminal Appeal No.509 of 2017], the Chief Justices of all High Courts were asked to forthwith take appropriate steps consistent with the directions of the Supreme Court in earlier cases and Resolution of Chief Justices’ Conference and to have appropriate monitoring mechanism in place on the administrative side as well as on the judicial side for speeding up disposal of cases of undertrials pending in subordinate courts and appeals pending in the High Courts. It was inter alia directed as follows:-

“(i) The High Courts may issue directions to subordinate courts that –

(a) Bail applications be disposed of normally within one week;

(b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years;

(c) Efforts be made to dispose of all cases which are five years old by the end of the year;

(d) As a supplement to Section 436A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time;

(e) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.”

(ii) “The High Courts are requested to ensure that bail applications filed before them are decided as far as possible within one month and criminal appeals where accused are in custody for more than five years are concluded at the earliest”;

(iii) “The High Courts may prepare, issue and monitor appropriate action plans for the subordinate courts”; 

(iv) “The High Courts may monitor steps for speedy investigation and trials on administrative and judicial side from time to time”;

(v) “The High Courts may take such stringent measures” as may be found necessary in the light of judgment of this Court in Ex. Captain Harish Uppal case. 

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