2023 Supreme(Ori) 114

IN THE HIGH COURT OF ORISSA AT CUTTACK
S. Talapatra, Savitri Ratho, JJ.
D. Anita Majhi @ Mila & Ors. – Appellants
Versus
State of Odisha & Ors. – Respondents
W.P. (Crl) No. 93 of 2022
Decided On : 09-02-2023

Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice.

Headnote:

The Court, while examining the status of cases against the Petitioners, observed that the Petitioners were languishing in custody for about 8 years. During their detention, they were shown to be accused in some cases in which investigation was pending. Mr. Jena, learned counsel appearing for the Petitioners in his submission has drawn our attention to similar other cases where the Petitioners have already been acquitted. He has further added that Petitioners are being hunted by the State for their social activities, non-violent and peaceful in nature. But the State has, without any foundation, considered their activities as hostile to the State and deliberately branded their activities as 'extremist' which are absolutely unfounded and unsustainable. On similar allegations, several other cases were filed against the Petitioners and they have been acquitted in those cases after trial, as would be evident from the table below.

Fact of the Case:

The Petitioners are poor tribal ladies. They cannot be pushed to further litigation by merely accepting the technical objection raised by Mr. Katikia, learned Additional Government Advocate. We shall lay our observations later, after scrutinizing the statements and the information made available to us.

Finding of the Court:

The Petitioners are deemed to have been discharged from the criminal liability in the following cases where after completion of investigation, charge-sheets have not been filed against them: (i) Adava P.S. Case No.7/09 corresponding to G.R. Case No.29/09, (ii) Adava P.S. Case No.43/09 corresponding to G.R. Case No.260/09, (iii) Adava P.S. Case No.44/09 corresponding to G.R. Case No.261/09, (iv) Adava P.S. Case No.45/09 corresponding to G.R. Case No.262/09, (v) Adava P.S. Case No.46/09 corresponding to G.R. Case No.263/09, (vi) Adava P.S. Case No.47/09 corresponding to G.R. Case No.264/09 and (vii) Adava P.S. Case No.58/10 corresponding to G.R. Case No.221/10.

Issues: 1. Whether the Petitioners can be released on bail considering the inordinate delay in completion of investigation and filing of the police report (ii) in some cases, though the charge-sheet has been filed there is inordinate delay in taking cognizance of the offence for not submitting the sanction from the designated authority and the courts have been waiting for a long time which is not expected of the courts, (iii) in some cases, the Petitioners were not even produced before the Magistrates at regular intervals as required by the law (iv) in some cases, trial in respect of the accused commenced but the Petitioners were not produced to face the trial along with the other co-accused, (iv) in some cases, trial has begun but the cases are repeatedly adjourned for non-attendance of the prosecution witnesses and (v) the Petitioners were not informed about some cases pending against them, even though they are in the judicial custody.

Ratio Decidendi: Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice. It is interesting to note that in the United States, speedy trial is one of the constitutionally guaranteed rights. The Sixth Amendment to the Constitution provides that, in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. So also Article 3 of the European Convention on Human Rights provides that, every one arrested or detained shall be entitled to trial within a reasonable time or to release pending trial.

Final Decision: The trial of the following cases shall be completed by 30.08.2023, else, the Petitioners shall be released on bail on appropriate terms and conditions: (i) ST Case No.87/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.57(A)/2011 and Bhanjanagar P.S. Case No.18/2011, (ii) ST. Case No.69/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.13/2011 and Badagada P.S. Case No.6/2011, (iii) ST Case No.133/2018 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.27/2010(B) and Badagada P.S. Case No.18/2010, (iv) ST Case No.53/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.06/2011 and Badagada P.S. Case No.4/2011, (v) ST Case No.59/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.54/2012 and Badagada P.S. Case No.28/2012, (vi) ST Case No.62/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.31/2011(B) and Sorada P.S. Case No.21/2011 and (vii) ST Case No.56/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.164/2011(A) and Soroda P.S. Case No.106/2011.