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The Allahabad high court has lamented the dismal state of affairs in district’s trial courts in terms of long iincarceration of undertrials. The court also said the trial of cases is moving at inordinately slow pace in Allahabad district and the courts there seem to be unmindful of long periods of incarceration of undertrial persons.
Justice Ajay Bhanot raised the issue while hearing the bail plea of an accused Ashfaq whose counsel said he had been in jail since July 2019 and not a single witness had been examined till date.
The court expressed serious dissatisfaction at the pace of the trial. “This court is repeatedly finding that in district Allahabad the trials are moving at an inordinately slow pace and the courts seem to be unmindful of long periods of incarceration of the accused persons,” the court observed.
“There is prima facie disarray in the functioning of the judgeship. The district judge, Allahabad, should be alerted to the dismal state of affairs in the judgeship and take appropriate action as per law,” the court said.
The single-judge bench said repeated orders have been passed by the court in the past in this regard but to no avail.
Earlier, the court had asked the district judge, Allahabad, to look into the present matter and also disclose the steps taken to sensitise trial court judges about expediting the trials in cases where the accused have been confined to jail for long periods of time.
On September 17, the high court rejected the reply sent by the trial court regarding the delay in trial. “The failure of the trial court to issue coercive measures to compel the appearance of witnesses has not been satisfactorily explained,” the court observed.
On September 25, the court was again informed that no witness has been examined till date. Following this, it called for a fresh report. “The district judge, Allahabad shall send a fresh status report on the next date of listing and explain the cause for the delay despite orders of this court,” the court ordered in its order dated September 25.