Court faces wrath for dragging case for 10 years

In yet another example of judicial apathy, a decade old trespassing case in which charges were framed against eight men in 2010, has been sent back to the trial court for a rehearing.

In yet another example of judicial apathy, a decade old trespassing case in which charges were framed against eight men in 2010, has been sent back to the trial court for a rehearing.

HT Image

Interestingly, the maximum punishment for trespassing on property is one year or a fine of Rs 2,000. However, the matter has been going on for 10 years.

Additional sessions judge Sanjay Sharma said, “The trial court directed framing of charges against the revisionist (eight accused) by a non-speaking order.” In an unprecedented move, the trial court judge continued the hearing without proper identification of the accused during investigation. This, despite the fact the accused were arrested almost immediately after the incident. Moreover, the court did not give any reasons to show that prima facie the case is made to frame charges.

The judge said the trial court did not record even a single argument of the defence counsel nor does it contain any reasons for directing framing of charges against the accused.

The accused, through their counsel RN Zaidi, approached the sessions court, challenging the order.