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Judgement in 30 minutes: SC Dismisses Trial Judge’s Appeal Against Patna HC’s Observation Against Him For Conducting Hasty Trial.

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  1. CASE TITLE – Sunita Devi v. The State of Bihar & ANR.

CASE NUMBER – Criminal Appeal No. 3924 of 2023 & Criminal Appeal Nos. 3926 – 3927 of 2023

DATED ON – 17.05.2024

QUORUM – Justice M.M. Sundresh & Justice S.V.N Bhatti

FACTS OF THE CASE

An FIR was registered in Crime No. 137 of 2021 for the occurrence that took place on 01.12.2021. The said complaint was filed by the mother of the victim on 02.12.2021. Accordingly, the case was registered under Section 376AB of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC, 1860”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act, 2012”). The case of the prosecution in a nutshell is that the accused took advantage of a minor girl child and committed the offence of rape. The accused was arrested on 12.12.2021. He was produced before the concerned Judicial Magistrate on 13.12.2021 and remanded to judicial custody till 24.12.2021. On 12.01.2022, the charge-sheet was filed for the offences aforestated. The accused was produced through video conferencing on 15.01.2022. There was no advocate representing the accused, and the case was put up on 24.01.2022 for his production. On 20.01.2022, without the FSL report, the charge-sheet filed was taken on record. The prosecutor was directed to ensure the presence of the accused through video conferencing. The accused feigned his inability to engage a lawyer as he was behind bars. The case was adjourned to 22.01.2022 for framing of charges and for the supply of documents. On that day i.e. 22.01.2022, the counsel appearing for the accused was provided with the documents, without being given any time and without ensuring that these documents were in fact shown to the accused, followed by due consultation with his lawyer, directly arguments were heard on framing of charges. Thereafter, the charges were framed and explained to the accused through the virtual mode. On the very same date, an order was passed for summoning the prosecution witnesses. Strangely enough, an application was filed by the Investigating Officer to record the evidence of four witnesses in a single day, as a confidential information obtained, indicated that there was pressure from the family members of the accused. No notice was served either on the accused or his counsel, and the order was passed, without taking into consideration the Witness Protection Scheme, 2018. In disregard of the provisions of the Rules for Video Conferencing for Courts, 2020, the statements of the witnesses were recorded. After two days i.e. 24.01.2022, the remaining witnesses, including the Investigating Officer, were examined. There was no material to show that the accused was present at that point of time. To question under Section 313 of the CrPC, 1973 alone, the accused was brought through video conferencing. The repeated plea of adjournment by one week made by the counsel for the defence was once again rejected, while ultimately facilitating a day’s adjournment.

Two days thereafter i.e. 27.01.2022, the case was posted for sentencing. Upon hearing the accused, the death sentence was imposed by the trial court. The High Court, by the impugned judgment, called for the records and went through them thoroughly, finding that there is non-compliance of Sections 207, 226, 227 and 230 of the CrPC, 1973, set aside the conviction and sentence awarded by the trial Court, and ordered for a de novo trial. Incidentally, the approach adopted by the Trial Court was found faulty. Assailing the impugned judgment on merit, the informant has filed Criminal Appeal No. 3924 of 2023. Aggrieved over the observations made by the High Court, the learned Trial Judge has filed Criminal Appeal Nos. 3926-3927 of 2023.

LEGAL PROVISIONS

The Protection of Children from Sexual Offences Act (POCSO Act), 2012, enacted to address child abuse and exploitation.

The Rules for Video Conferencing of Courts, 2020, enacted by India’s Supreme Court, established a framework for conducting court hearings virtually.

The Witness Protection Scheme, 2018, enacted to shield witnesses from intimidation and threats, ensuring they can testify freely in court.

 

CONTENTIONS MADE BY THE APPELLANT

The Learned Senior Counsel appearing for both the informant and the learned Trial Judge, submitted that the procedure established by law has been followed. The appellant has kept in mind the rigor of Section 309 of the CrPC, 1973 read with the provisions contained under the POCSO Act, 2012. Even assuming that there was a procedural flaw, given the mandate contained under Section 465 of the CrPC, 1973 he argued that there was no need for remittal. The Learned Senior Counsel further submitted that the appellant has discharged his judicial function and, therefore, any action without hearing him is contrary to law. Though the charges had been dropped, the observations made would be detrimental to his future career progression. The accused had antecedents and, therefore, the Trial Court rightly exercised due caution and mentioned that it was a case where no witness was produced on behalf of the defence.

CONTENTIONS BY THE RESPONDENT

The Learned Senior counsel appearing for the High Court and the accused submitted that admittedly there were serious procedural violations. Prejudice was sufficiently demonstrated before the court and stated that it would be impossible for a Judge to deliver the judgment within such a short span of time and no opportunity was given at every stage of the trial to the accused. The Learned Senior Counsel further stated that it was a clear case of  “justice hurried is justice buried”. And that there is no question of giving an opportunity to the appellant, the judicial officer, as no action is pending against him.

COURT ANALYSIS AND JUDGEMENT

The Hon’ble Supreme Court found that the High Court, while passing both the impugned judgments, had not only called for the records and rendered findings of fact, but has also considered them in detail. At every stage, the accused was denied due opportunity to defend himself and was also of the notion that the appellant judicial officer was obviously acting in utmost haste. They noticed that at every stage, including framing of charges, there was a constant denial of due opportunity and hearing. The accused was not able to consult his lawyer. He was not even served with the copies, though his lawyer received the same before framing of the charges. The held that receiving of documents by his lawyer would not be sufficient compliance, unless there was sufficient time given for him to peruse them and thereafter have a consultation and also noted that neither the provisions of the Witness Protection Scheme, 2018 have been invoked nor the Rules for Video Conferencing for Courts, 2020 were followed. And also said that regarding the application filed seeking intervention over the action taken on the administrative side, it is for the appellant to approach the High Court. The present appeals were then dismissed by the Hon’ble Supreme Court and also gave instructions for the Trial Court to go over the case again while keeping in mind the POCSO Act, 2012 while recording the evidence of the victim.

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Judgement Reviewed by – Gnaneswarran Beemarao

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NON-ADHERENCE TO PROCEDURAL LAWS IS THE PRIMARY REASON BEHIND PENDENCY OF CASES AND JUDICIAL DELAY: SUPREME COURT.

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In the present case, the Hon’ble Supreme Court deals with the selection of the legal representative of the deceased Mrs. Urmila Devi. In 1982, a sale deed carried out by Shri Mangal Singh was challenged in court by late Urmila Devi praying to declare the same null and void by asserting ownership of the properties; and an order to possess the property in question with costs. The case was still at its primal stage when Mrs. Urmila Devi died. Hence, Mr. Manoj Kumar Jain filed an application to be the legal heir.

Mr. Manoj Kumar Jain presented a duly registered will before the court executed by Mrs. Urmila Devi and witnessed by the current appellant Mr. Yashpal Jain. He prayed before the court to be substituted as the legal representative of Mrs. Urmila Devi. He also claimed to be her legatee according to the will. The defendants by way of presenting a registered adoption deed stated that Mr. Yashpal is adopted. The trial court ruled in favour of Mr. Manoj Jain. The order was challenged by the legal heirs of Mangal Singh by means of a civil revision petition before the district judge. In the course of the revisional proceedings, Mr. Manoj mentioned that he does not wish to proceed with application filed by him to be the legal representative of Mrs. Urmila Devi. On the basis of the proceedings, the judgement given by the trial court was overruled. The district judge directed the trial court to accept the application of condonation of delay and impleadment of a legal representative by Mr. Yashpal. Mr. Yashpal filed an application for the same as well as to dismiss the abatement of suit. The trial court allowed the same and hence ruled in favour of Mr. Yashpal Jain being the legal representative of the plaintiff. 

The legal representatives of the aggrieved party filed a civil revision application before the district judge. The judge upheld the verdict of the trial court and dismissed the petition. The defendants moved to the high court challenging the orders passed by both, the trial court and the revisional court. The high court overruled the impugned orders and rejected the application by the current appellant, relying on the initial order passed by the trial court which substituted Mr. Manoj Kumar Jain as the legal representative on the strength of the registered will and directed the courts to conclude the proceedings within 9 months. The appellants were aggrieved by the orders of the high court filed the present appeal.

The counsel for the petitioner contended that the high court has made a mistake by overruling the orders of the trial court and revisional court taken after careful consideration. The lower courts have also taken diligence of the fact that Mr. Yashpal Jain is the sole living representative of Mrs. Urmila Jain and the stressed on the aforementioned fact that the defendants had pleaded to substitute the appellant in the suit pertaining to the sale deed of property by Mangal Singh. In the instance case the defendants can be seen contradicting their own stance.

The defendants contend that the appellants had not filed a counter-affidavit. On the basis of the doctrine of non-traversal this would amount to admission. The defendants mention two instances wherein the current appellant had supported Mr. Manoj Kumar Jain and his will. The appellant cannot plead ignorance for the delay.

In response to issue one the court has contended that the application filed by the defendants in regard to the writ proceedings is the very reason that the trial court and revisional court substituted Mr. Yashpal as the legal representative. The defendants cannot contend that the appellant had filed two affidavits admitting and confirming Mr. Manoj Kumar Jain as the legal representative. The affidavits were mere proof of the appellant being a signatory to the will. It did not intend to substantiate or prove any other fact to any effect.

On non-traversal of writ petition claims, the records state that Mr. Manoj himself filed an application along with an affidavit expressing his disinterest in continuing the application of being the legal representative. If the orders of the high court to not implead Yashpal Jain as the legal representative were to be sustained then the then this implies that the estate of the deceased would not be represented and the case would eventually be closed. Hence, the Hon’ble Supreme Court quashed the order of the high court and upheld the verdict given by the trial court and revisional court.

The hon’ble supreme court took cognizance of the fact that the case is ancient and long standing. In addition to the property suit, the death of Mrs Urmila devi brought in a plethora of suits to determine her legal representative. The current stage of the property suit is unknown but it is said to have been moving at a “snail’s pace” since her death. There are numerous causes for the delay. The hon’ble court mentioned that it is due this very reason that the general public becomes cynical of the justice delivery system. The court delves deeper into the numerous reasons for delay in delivering justice. Inconsistencies in the law, hefty paperwork, leniency in granting adjournments for no justifiable reason, misuse of the provisions of the CPC and CrPC are some of the reasons. The government has taken steps, formulated policies and amended laws to clear the backlog but it has only resulted in poor results. The amendments of the statutory laws have been unsatisfactory.  The court stresses on the fact that it is the responsibility of all the stakeholders to restrict the practices that delays the justice delivery process. The courts must introspect and come up with solutions to serve the public with an effective justice delivery system. The growth of a nation, in all aspects, depends on the strength of the judicial system. The Hon’ble court revisited the findings of various law commissions instituted over the years to find out the cause and remedies to the perpetual problem of huge pendency of cases and inefficient judicial administration. The various reports by law commissions talk about setting a time limit for both civil and criminal cases to be strictly followed by each of the courts and a plea to increase the manpower and immediate replacement in when there’s vacancy. In furtherance to the 77th report by the law commission, the 79th report provides an all- comprehensive guide for managerial judging, time bound trial procedures by trial courts, high courts and other appellate courts.

The court also mentions delays arising due to non-adherence of procedural laws majorly in civil trials. The courts have been frivolous with the grants of adjournment without ay justifiable reason. This is the primary contributory issue that leads to delays and ultimately losing confidence of the public in the justice delivery system. The court relied upon the case of T. Arivandandam vs. T.V. Satyapal & Another AIR (1977) 4 SCC 467 which held that the answer to an irresponsible suit or litigation would be a vigilant judge. The court acknowledges the importance of maintaining cordial relationship with judges and gives a stark remark to the lawyers to refrain from frequent adjournment requests especially while dealing with cases that have been pending since decades. Under order viii rule 1(a) of CPC a defendant must submit and present the written statement within 30 or 90 days and if he fails to do so without any genuine reason then costs must be awarded to the opposite party payable by the defendant. This rule is seldom followed.

Adjournments should be given only when the request is honest and with a bonafide intention expressed by way of affidavit. Frequent grants of adjournments defeat the purpose of the legislation. It is pertinent for all the presiding officers to strictly adhere to the time schedule provided under sub-rule 1 of rule 1 of order viii. It is the responsibility of the stakeholders to ensure the same. In the case of M. Mahalingam vs. Shashikala the intention behind the legislation was duly stated. The legislation has curbed the power of the courts to grant frequent adjournments because when a case has begun the evidence must be recorded on a daily basis and only, if necessary, adjournments should be given to the following day. This ensures that only bonfide reasons should be entertained by the court and it should be strict in it dispense of adjournments.

Innumerable legislations can be enacted to ensure speedy disposal of cases but it would be of no use until it is strictly implemented by the courts and constantly monitored by committees established for the very reason. The fundamental duties mentioned in article 51 A of the constitution must be given utmost importance in light of any problems faced by the stakeholders. The citizens must always strive towards excellency for the growth of the nation. It is important for the judiciary to regain the confidence of the public in litigation a be a ‘beacon of hope”. The Hon’ble supreme court thus directs all the lower courts to strictly adhere to the rules laid down in the procedural laws ensuring the proceedings take place as scheduled. Some courts shall be controlled by Principal District Judges who, after compiling all the statistics, shall present it before the constituted committee of the high court.

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Judgement Analysis written by- Rashi Hora.

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