Justice can't be 'tareekh pe tareekh': Allahabad High Court on 25-year trial delay
The Allahabad High Court has said that the criminal justice system cannot be reduced to the phrase 'tareekh pe tareekh' while hearing a kidnapping case
The Allahabad High Court has said that the criminal justice system cannot be reduced to the phrase 'tareekh pe tareekh' while hearing a kidnapping case that has remained pending for nearly 25 years. The case involves a woman who, the court was told, had voluntarily accompanied one of the accused, later married him, and is now living with him as his wife. The couple have three children. Read Full Story Making strong remarks on the functioning of the trial court, the Lucknow Bench of the High Court said that keeping a criminal case pending for more than two decades runs contrary to the constitutional guarantee of a speedy and fair trial under Article 21.
The court also granted anticipatory bail to the two accused in the case. The observations were made by Justice Rajeev Bharti while allowing the anticipatory bail plea of Ajay Kumar alias Chingi and Ram Chandra in connection with a case registered in 2001 at Payagpur police station in Bahraich. During the hearing, the court was informed that the alleged victim had gone with Ajay Kumar of her own free will and that the two later got married. The State was unable to effectively dispute these facts.
In its order, the High Court said there had been no meaningful progress in the trial for years and that the criminal proceedings had been reduced to a mere formality. It said justice cannot be kept pending indefinitely. Referring to the phrase 'tareekh pe tareekh' — a well-known dialogue from the Sunny Deol-starrer Damini — the court said repeated adjournments cannot define the criminal justice delivery system. The court directed both accused to surrender before the trial court within two weeks and said they should be released on anticipatory bail subject to specified conditions.
It also clarified that the observations made in the bail order should not influence the trial court while deciding the case on its merits. Ends
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