‘तारीख पर तारीख’ न्याय व्यवस्था की पहचान नहीं, 25 साल पुराने मामले में भड़का इलाहाबाद हाईकोर्ट – allahabad hc says criminal justice system not tareekh pe tareekh ntc ksrj
The Lucknow bench of Allahabad High Court has made a very strict and historic comment on the pending cases in the courts of the country. The High Court has said that India’s criminal justice system cannot be equated with the phrase “date after date”. The court was hearing a nearly 25-year-old kidnapping case in which the alleged victim and the accused later got married and now have three children.
The court said in clear words that keeping a criminal case pending for more than two decades is a direct violation of the constitutional right to speedy and fair trial given under Article 21 of the Constitution.
This strong comment was made by the bench of Justice Rajeev Bharti during the hearing of a 25-year-old kidnapping case registered in 2001 at Payagpur police station in Bahraich.
Mention of dialogue from Sunny Deol’s film ‘Damini’
“Tarikh Par Tarikh” is a very famous dialogue from Bollywood actor Sunny Deol’s superhit film ‘Damini’, in which he raised his voice as a lawyer against the repeated adjournments in the court.
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Making strong comment on the functioning of the trial court of Bahraich, the High Court Lucknow The bench said that keeping a criminal case pending for more than two decades is against the constitutional guarantee of speedy and fair trial under Article 21 of the Constitution. Justice cannot be kept pending indefinitely.
Case registered for ‘kidnapping’, both got married
The facts of this case are very interesting and shocking. During the hearing, the court was told that the alleged victim, against whom a kidnapping case was registered in 2001, had actually gone with accused Ajay Kumar alias Chingi of her own free will. After this, both of them got married and have been living a very happy life as husband and wife for the last many years. Today he also has three children. Even the government lawyers could not deny these facts in front of the court.
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Considering the strange situation of the case and the delay of the court, the High Court accepted the anticipatory bail plea of the two main accused, Ajay Kumar alias Chingi and Ram Chandra. The court directed both the accused to surrender before the trial court within two weeks and ordered their release on anticipatory bail with conditions. The court also clarified that the observations made in this bail order will not affect the final decision of the trial court on the merits of the case.
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