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PETITIONER: "COMMON CAUSE" A REGISTEREDSOCIETY THROUGH ITS DIRECTOR

       Vs.

RESPONDENT: UNION OF INDIA AND ORS.

DATE OF JUDGMENT:       01/05/1996

BENCH: JEEVAN REDDY, B.P. (J) BENCH: JEEVAN REDDY, B.P. (J) MAJMUDAR S.B. (J)

CITATION:  1996 AIR 1619            1996 SCC  (4)  33  JT 1996 (4)   701        1996 SCALE  (4)127

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T B.P. JEEVAN REDDY.J .      "Common Cause",  a registered  society espousing public causes has asked for certain general directions in this writ petition, under  Article 32  of the  Constitution of  India, with respect  to cases  pending in  criminal courts all over the country. The directions asked for are: (a) quashing  of all  proceedings against persons accused of offences under  the Motor Vehicles Act where the proceedings were initiated  more than one year ago and are still pending in any court in the country; (b) to  direct the  unconditional release of the accused and dismissal of all proceedings pending in Criminal Courts with respect to  offences under  Indian Penal Code or other penal statutes which  have been  pending for more than three years from the  date of  their institution  and for which offences the maximum sentence provided under law is not more than six months -  with or  without fine. This direction is sought in respect of  all prosecutions whether lodged by police, other governmental agency or by a private complainant; (c) directing  the unconditional  release of all the accused and dismissal  of criminal  proceedings against  persons who have been in police or judicial custody for a period of more than three  years from the date of their arrest or remand to such custody,  where the offences alleged are not punishable with more than seven years with or without fine; and (d) directing  the unconditional  release of the accused and dismissal of proceedings against persons accused of offences under Section  309 of  the Indian  Penal Code [I.P.C.] where the proceedings have been pending in any Court for more than one year from the date of their institution.      The  Petitioner   has  requested   that  the  aforesaid directions should  apply not only to cases pending in Courts on the  date of  the passing  of the order but also to cases executed hereinafter.

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    Notices were  directed to  Union of India and the State Governments of  Uttar Pradesh  and Bihar  and to  the  Delhi Administration. Counters have also been filed by them.      We are  of the  opinion that  the suggestions  made are well-meaning and consistent with the spirit underlying Part- III of  the Constitution  of India  and the criminal justice system. They deserve serious consideration by this Court and the High  Courts in  the country.  It is  a matter of common experience that  in many cases where the persons are accused of minor  offences punishable not more than three years - or even less  - with  or without fine, the proceedings are kept pending for  years together.  If they are poor and helpless, they languish in jails for long periods either because there is no  one to  bail them  out or  because there is no one to think of them. The very pendency cf criminal proceedings for long periods  by itself operates as an engine of oppression. Quite  often,   the  private  complainants  institute  these proceedings out of oblique motives. Even in case of offences punishable for  seven years or less - with or without fine - the prosecutions  are  kept  pending  for  years  and  years together in  criminal courts.  In a majority of these cases, whether instituted  by police  or private  complainants, the accused belong  to poorer  sections of  the society, who are unable to afford competent legal advice. Instances have also come before  courts where  the accused, who are in jail, are not brought  to the  court on  every date of hearing and for that reason  also the cases undergo several adjournments. It appears essential to issue appropriate directions to protect and effectuate the right to life and liberty of the citizens guaranteed by  Article 21  of the  Constitution. It  is also necessary to  ensure that these criminal prosecutions do not operate as engines of oppression. Accordingly, the following directions are  made which  shall be  valid not only for the States of  Uttar Pradesh,  Bihar and  Delhi but  for all the States and the Union Territories: 1(a) Where  the offences  under I.P.C.  or any other law for the time  being in  force for  which the accused are charged before any  criminal court  are punishable with imprisonment not exceeding  three  year  fine  and  if  trials  for  such offences are  pending for one year or more and the concerned accused have not been released on bail but are in jail for a period of  six months  or more, the concerned criminal court shall release the accused on bail or on personal executed by the accused and subject to such conditions if any, as may be found necessary  in the light of Section 437 of the Criminal Procedure Code [Cr.P.C.]. 1(b) Where  the offences  under I.P.C.  or any other law for the time  being in  force for  which  the  accused  are  any criminal court  are not exceeding five year, with or without fine, and if the trials for such offence are pending for two years or  more   and the  concerned accused  have  not  been released on  bail but are in jail for a period of six months or more,  the concerned  criminal court  shall  release  the accused   on bail  or on  person bond  to be executed by the accused and  subject to the imposing of suitable conditions, if any, in the light of Section 437 Cr.P.C. 1(c) Where the offences under I.P.C. or any other law being in  force for which the accused are charged before any criminal court are punishable with seven years or less, with or without  fine, and  if the  trials for  such offences are pending for two years or more and the concerned accused have not been  released on  bail but  are in jail for a period of one year or more, the concerned criminal court shall release the accused  on bail  or on  personal bond to be executed by the accused  and subject to imposing of suitable conditions,

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if any, in the light of Section 437 Cr.P.C. 2(a)  Where   criminal  proceedings  are  pending  regarding traffic offences  in any criminal court for more than two on account of  non serving  summons to the accused years/or for any other  reason whatsoever,  the court  may discharge  the accused and close the cases. 2(b) Where  the cases  pending in  criminal courts  for more than two  years under  I.P.C. or  any other law for the time being in force are compoundable with permission of the court and if  in such  cases trial  have still  not commenced, the criminal court  shall, after  hearing the  public prosecutor and other  parties represented before it or their advocates, discharge or  acquit the  accused, as  the case  may be, and close such cases. 2(c) Where the cases pending in criminal courts under I.P.C. or any  other law  for the  time being  in force  pertain to offences which  are non-cognizable  and bailable and if such pendency is  for more  than two  years and  if in such cases trials have  still not  commenced, the  criminal court shall discharge or  acquit the  accused, as  the case  may be, and close such cases. 2(d) Where the cases pending in criminal courts under I.P.C. or any  other law for the time being in force are pending in connection with offences which are punishable with fine only and are not of recurring nature, and if such pendency is for more than one year and if in such cases trial have still not commenced, the  criminal court shall discharge or acquit the accused, as the case may be, and close such cases. 2(e) Where the cases pending in criminal courts under I.P.C. br any  other law for the time being in force are punishable with imprisonment  upto one  year, with or without fine, and if such  pendency is  for more  than one year and if in such cases trials  have still  not commenced,  the criminal court shall discharge  or acquit  the accused, as the case may be, and close such cases. 2(f) Where the cases pending in criminal courts under I.P.C. or any  other law for the time being in force are punishable with imprisonment  upto three  years, with  or without fine, and if  such pendency  is for  more than two years and if in such cases  trial have  still not  commenced,  the  criminal court shall discharge or acquit the accused, as the case may be, and close such cases. 3. For  the purpose  of directions  contained in clauses (1) and (2)  above, the  period of  pendency of  criminal  cases shall be  calculated from  the date the accused are summoned to appear in the court. 4. Directions  (1) and  (2) made hereinabove shall not apply to  cases   of   offences   involving   (a)      corruption, misappropriation of  public funds,  cheating, whether  under the Indian  Penal Code,  Prevention of Corruption Act or any other statute, (b) smuggling, foreign exchange violation and offences  under   the  Narcotics   Drugs  and   Psychotropic Substances  Act,   (c)  Essential   Commodities  Act,   Food Adulteration Act, Acts dealing with Environment or any other economic offences,  (d) offences  under Arms  Act, Explosive Substances Act,  Terrorists and  Disruptive Activities  Act, (e) offences  relating to  the Army, Navy and Air Force, (f) offences against  public tranquility;  (g) offences relating to public  servants, (h)  offences  relating  to  coins  and Government stamp,  (i) offences  relating to  elections, (j) offences relating  to giving  false  evidence  and  offences against public  justice  (k)  any  other  type  of  offences against the  State (1)  offences under the Taxing enactments and (m)  offences of  defamation as  defined in  Section 499 I.P.C.

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5. The  criminal courts  shall try the offences mentioned in Para (4)  above on  a priority  basis. The  High Courts  are requested to  issue necessary  directions in  this behalf to all the criminal courts under their control and supervision. 6. The  criminal courts and all courts trying criminal cases shall take  appropriate action  in accordance with the above directions. These  directions are applicable not only to the cases pending  on this  day but  also to  cases which may be instituted hereafter.  As and  when, a  particular case gets covered  by   one  or   the  other  direction  mentioned  in Directions (1)  and  (2)  read  with  Direction  (4)  above, appropriate orders  shall be  passed by  the concerned court without any delay.      The  writ  petition  is  disposed  of  with  the  above directions      No costs. Note:     The Registrars of the High Courts are requested to           communicate  copies  of  this  Order  to  all  the           criminal   courts    under   the    control    and           superintendence of the respective High Courts with           a direction to send compliance reports to the High           Court within three months from the date of receipt           of communication.