Saturday, November 26, 2022

ਵਾਹਿਗੁਰੂ

spot_img


PIL seeks VC for undertrials, cites public & judicial officers safety; SC to consider on Oct 11

New Delhi, Oct 6, 2022 – The Supreme Court next week is likely to consider a plea seeking a direction that presence of undertrials before the trial courts should not be ordered as a routine on each and every date, and video conferencing facility should be used in case of gangster, for public safety as well as security of judicial officers.

A bench headed by Chief Justice U.U. Lalit is likely to take up the PIL filed by advocate Rishi Malhotra on October 11.

The PIL raises an issue of power of trial courts for ordering attendance of undertrial prisoners before it as a matter of routine practice without adhering to the statutory mandate as provided in the Code of Criminal Procedure, 1973. The plea contended that it cannot be disputed that an undertrial prisoner has a constitutional right to be present before the trial court when the trial against him is in progress. However, the said right is not an absolute right and is rather qualified by various provisions of the Code of Criminal Procedure.

“The fulcrum of the instant Public Interest Litigation is to prevent the various trial courts across India to not to insist on presence of undertrials on each and every date as a matter of routine practice thereby not only endangering the safety of public as well as judicial officers but also facilitating the opportunity of hardcore prisoners from escaping from the custody of the police”, said the plea.

The plea cited the instance of the Rohini Court firing which happened on September 24, 2021, in which a dreaded gangster was shot dead when he was produced before the trial court for his usual appearance. “Apart from this there have been various instances all across the trial courts in India where during the normal usual course of appearances before the trial court by an undertrial, either the public safety has been put to danger or the said undertrial has fled from the custody of the police”, added the plea.

It added that the Code of Criminal Procedure in various provisions viz. sec.205, 267, 268, 270, 273 and 317 Cr.P.C. have provided powers to the concerned court to dispense the personal presence of undertrial from jails during normal trial proceedings.

The plea contended that even if the trial court deem fit in a particular case presence of an accused as an undertrial before it, it can avail video conferencing facility and especially in the cases of gangsters — so that the public safety as well as the security of the judicial officers remained intact on one hand and the rights of an accused is balanced on the other hand.  (Agency)

CLICK HERE to like YesPunjab.com Facebook Page for regular updates

- Advertisement -

Yes Punjab - TOP STORIES

Punjab News

Sikh News

Transfers, Postings, Promotions

spot_img

Stay Connected

45,610FansLike
114,081FollowersFollow

ENTERTAINMENT

National

GLOBAL

OPINION

As Airport Lounges Become More Crowded, Credit Card Issuers Have Put up Some Guidelines around Accessing the Benefit – Know Details Here

There was a time when economy-focused leisure travellers used to find it hard to get airport lounge access. Gone are those days, as now...

Guidelines for Picking Your Favourite student cover Plan

While accidents can happen at any time, children are a lot more prone to these, especially in school. Here, investing in a student cover...

The India we see now was envisioned by Nehru, brick by brick – by Sandeep Bamzai

Protected by British power, the rulers of princely states neglected their subjects; they not only collected rent, but also various illegal levies and subjected...

SPORTS

Health & Fitness

National Anti-Obesity Day: Beware of slow pandemic, caution experts

Bengaluru, Nov 26, 2022- Obesity is a slow pandemic and one must be careful especially about childhood obesity, as per experts. The national Anti-Obesity day is celebrated on November 26 every year to create awareness of dangers of obesity and prevention of the pandemic. Dr Shyam Sundar C.M.A Consultant Endocrinology and Diabetology, SPARSH Hospital states that obesity is a slow pandemic...

Gadgets & Tech

error: Content is protected !!