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Questions Trial Court Over Inordinate Delay In PFI Terror Plot Case
The has expressed significant concern regarding the slow pace of trial proceedings in a high-profile case involving alleged members of the (PFI). In an order passed by a division bench comprising Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra, the court has directed the , to submit a comprehensive report explaining the lack of progress in the trial of two individuals arrested in 2021.
Background of the Dispute
The appellants, Ansad Badruddin and Firoz, were arrested on , by the (ATS) of Uttar Pradesh. The prosecution alleges that the duo was plotting attacks on leaders of Hindu religious organizations and various sensitive locations across Uttar Pradesh. Charges were framed under the , the , and the . Since their arrest, the accused have remained in , with multiple unsuccessful attempts to secure .
Legal Conflict: Procedure Versus Statutory Rigor
The core of the current legal battle rests on the tension between the procedural rights of the accused and the strict provisions of the UAPA. Counsel for the appellants argued that despite previous directives from the High Court—including an order dated , for an expedited trial and another on , regarding the proper sequence of witness examination—the trial court has failed to achieve meaningful progress.
Conversely, the State emphasized the rigors of , contending that the nature of the offenses and the specialized legal framework should limit the scope for even amidst trial delays.
Key Observations
The High Court noted with dismay that the trial court failed to comply with established procedural guidelines under . Highlighting the necessity for timely adjudication, the bench remarked:
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"We are surprised to notice that the learned trial court has not shown its proper indulgence to abide by the directions of this Court."
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" , it is clear that there is no progress in the trial and in the absence of non-progress of the trial, the of the accused persons under may be protected."
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"The learned trial court is directed to submit its comprehensive report as to why the trial has not been concluded in terms of the order dated 07.12.2022."
Court’s Decision and Future Implications
While stopping short of granting immediate relief, the High Court has mandated that the trial court explain its failure to expedite proceedings. The matter is now scheduled for further hearing on . This order reinforces the judiciary's stance that the right to a , as enshrined in Article 21, remains a non-negotiable , even in cases involving serious terror charges under special statutes. The outcome of the trial court’s report will likely serve as a pivotal factor in the subsequent adjudication of the appellants' plea.
