New Delhi: The Supreme Court on Thursday asked chief justices of all high courts to examine the status of pending trials in their states under laws such as the UAPA, posing a reverse burden of proof on the accused.
A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh also directed the State Legal Services Authority to make aware each undertrial of his/her right to representation, either by counsel of their own choice or through a legal aid counsel.
For those who choose the latter, assignments to their cases to the counsel should be made expeditiously so that the proceedings can start/continue at the earliest, it added.
The top court said when the statute like Unlawful Activities (Prevention) Act imposes a reverse burden, then the State must also ensure that the trial is expedited.
“A constitutional democracy does not legitimise burdens by simply declaring them; it must ensure that those burdened are meaningfully equipped to bear them, even those who are accused of the worst offences imaginable.
“If the State, in spite of all its might presumes guilt, then the same State must also, with the employment of all the resources at its command, create pathways through which the accused can reclaim their innocence,” the bench said.
The top court also asked the chief justices to ascertain the number of special courts designated to try the said offences, and if special courts have not been designated, the number of sessions courts dealing with matters under these legislations and to take up the matter with the appropriate authority if it is found that they are not sufficient.
The bench asked the chief justices to discern whether posting of judicial officers in these courts as also staffing is sufficient, thereby foreclosing a ground for delay and adjournment, and if not, then suitable order for posting be issued expeditiously.
It directed that the list prepared shall be organised in order of case registered, to the extent possible and permissible, from the earliest to latest.
“Requisite directions be issued to the special courts/sessions courts to take up the matters registered earliest, first, unless otherwise warranted.
“In consultation with the appropriate authority, the High Court to ascertain the position with respect to appointment/allotment of prosecutors/special public prosecutors, as may be applicable, to ensure that the matters, once taken up, are not further delayed on that count,” the bench said.
The top court said for those cases that have been pending for more than five years, the concerned court be directed to take stock of the situation as and when they are taken up, record detailed order taking note of the previous reasons for adjournment if available, refrain from granting adjournments on routine requests and take up the matter on a day-to-day basis.
“The High Court concerned will periodically seek reports from the concerned courts dealing with these matters and take up issues that may be confronting the said courts, on the administrative side so as to ensure smooth functioning,” it said.
The directions came while hearing an appeal filed by CBI against bail granted to certain accused in the 2010 derailment of the Jnaneswari Express in West Bengal’s West Midnapore district.
