Hearing criminal appeals: Supreme Court recalls direction on alternative for a

The Supreme Court on Wednesday recalled its direction to the Centre to explore the possibility of having alternative fora to hear appeals in criminal cases for their speedier disposal. The three-judge bench of Chief Justice of India Dipak Misra and Justices A K Sikri and Amitava Roy recalled the direction while perusing the order which was given by a two-judge bench of Justices A K Goel and U U Lalit on October 27. Justices Goel and Lalit had issued the direction while hearing a plea by a man from Jharkhand who was convicted of murder and sentenced to life imprisonment. The convict had already spent 11 years in custody but his appeal was yet to be heard. He had approached the Supreme Court earlier and it had directed the high court to hear the appeal expeditiously. But the high court expressed helplessness, saying even cases where the convicts were in custody for more than 13 years could not be heard because of a paucity of benches. Justices Goel and Lalit said the situation was not limited to Jharkhand. Similar position prevails in several high courts where a large number of criminal appeals are pending in which the hearings take more than 10 years. “Since speedy justice is a fundamental right under Article 21, such right may be meaningless, if appeal is not heard within the reasonable time…. Thus it appears necessary to explore the suggestion whether there can be an alternative fora for hearing of appeals by adopting suitable legislative or administrative measures to effectuate the mandate of fundamental right under Article 21,” the two-judge bench said. The CJI-led bench on Wednesday asked the high court to dispose of the petitioner’s appeal in four months. “We have made such a request, as the appellant has remained for more than 11 years in custody,” the court said. The bench asked the high courts to see that appeals of convicts who have spent more than 10 years in custody, are heard expeditiously and added that the in view of the new order, the October 27 directions stand recalled. This was the second order of the bench of Justices Goel and Lalit which the CJI-led bench overturned on Wednesday.

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