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Synopsis

The Allahabad High Court, while recently hearing a bail application, expressed strong dissatisfaction with the slow pace of trials in the district of Allahabad, calling the situation alarming.

Court observed that many trials in the district are being conducted without regard to the prolonged periods of incarceration endured by accused individuals. It noted that the sluggish progress of trials indicates disarray in the functioning of the judiciary within the district.

The bench of Justice Ajay Bhanot emphasized that the District Judge, Allahabad, needs to be made aware of this dismal situation and take necessary corrective measures as per the law.

Ashfak, an accused of murder and offences under the POCSO Act had been in jail since July 2, 2019. His bail application, the first since his incarceration, was filed in July 2024.

On September 2, 2024, the court was informed that despite the passage of over five years, no witness had been examined in the case. The delay raised concerns about a potential failure of the trial court to discharge its duties under Section 309 of the Criminal Procedure Code (CrPC), which mandates expeditious trials.

The high court had then noted that the District Judge, Allahabad, had failed to address these delays, leading to repeated similar cases being reported from the same judgeship.

Thereafter, on September 17, 2024, the court had also questioned the failure of the trial court to enforce coercive measures against witnesses who had been summoned but failed to appear. It had directed the District Judge to counsel the trial court and demanded a detailed report explaining the reasons for these delays and outlining measures taken to expedite the trial process.

Additionally, the court had criticized the lack of legal aid provided to Ashfak, despite guidelines from previous judgments. The court called for a joint report from the District Legal Services Authority and the District Judge to clarify why the accused was not given timely legal assistance.

On September 25, 2024, the high court was again informed that till date not a single witness had been examined.

Taking a serious view, court directed the District Judge, Allahabad to send a fresh status report on the next date of listing and explain the cause for the delay despite orders of the high court.

Court posted the matter for further hearing on October 3, 2024 i.e. today.

Case Title: Ashfak Vs. State Of U.P. & 3 Others