No person should be in custody beyond five years: High Court

The state legal remembrancer was directed to submit a comprehensive report for laying down guidelines for case management and prompt conclusion of trials. The direction was given in a case wherein a man, who is accused of offences, including murder and robbery, was kept in custody for more than seven years.

Srishti Lakhotia, MP, 1 Apr 2024, Kolkata: In case of any infrastructural or manpower deficiency in any courts, especially special courts, the Calcutta High Court recently observed that it needs to be brought to the High Court’s notice. 

The state legal remembrancer was directed to submit a comprehensive report for laying down guidelines for case management and prompt conclusion of trials. The direction was given in a case wherein a man, who is accused of offences, including murder and robbery, was kept in custody for more than seven years. 

The accused identified as Bubai Singh alias Mota was given bail by the Division Bench of Joymalya Bagchi and it was observed that fundamental right to speedy trial of the accused was infringed. Only one witness was examined till the date of hearing which was July 12, 2023. 

Justice Bagchi on August 9, 2023, requested the Legal Remembrancer to look into the matter of delayed examination of witnesses in the sessions cases. In a recent hearing, the legal remembrancer was present in person and sought for more time to come up with a comprehensive report. 

Justice Bagchi gave six more weeks to him to file the report. He also gave certain pointers which needed to be considered while framing such a report. Justice Bagchi suggested to go by categories and nature of cases, for instance the special court cases like NDPS, POCSO and cases related to grave offences like murder amongst others. 

“Whenever such a situation will arise, you ensure the examination of the vulnerable witnesses at the earliest,” Justice Bagchi observed, and added: “A guideline should always be there that they have to ensure that a case does not go beyond a time limit. Whenever it is, the matter should be reported to the appropriate controlling authority.” 

Justice Bagchi also observed that the purpose of the public prosecutors in every district should be to ensure that there is zero more than five years detention in the state. “No person should be in custody beyond five years,” he observed. 

https://www.millenniumpost.in/bengal/no-person-should-be-in-custody-beyond-five-years-high-court-558084?infinitescroll=1