KOCHI: In a move that would bring huge relief to people involved in trials that have been pending for long, the Kerala High Court has directed trial courts across the state to speed up the process. In a memorandum it issued to district judges after amending the Criminal Rules of Practice, the High Court said if all witnesses are present, the trial should not be adjourned without examining them. Also, once witness examination begins, it should continue on day-to-day basis until all the witnesses present are examined. In cases where a trial has to be adjourned, the reasons should be mentioned in writing, the court said in the memorandum and asked the district judges to send a copy of the same to all criminal courts in their jurisdiction.
“At the start and immediately after framing charges against the accused, the court shall hear the prosecution and the accused to fix consecutive dates for recording evidence. It shall prepare a schedule indicating the consecutive dates for witness examination,” the HC said.
Senior HC lawyer B Raman Pillai said some of the provisions were significant attempts to aid the court reach an accurate conclusion regarding the questions raised during a criminal trial. “There are occasions when the trial court faces a situation where many of the articles seized during investigation are kept under wraps and screened later,” he said.
Bail petitions should be disposed of in 7 days: HC
The directive also said a sessions case once posted should not be postponed unless it is unavoidable. Also, the trial should proceed daily basis until completion, it said. For bail petitions filed in lower courts, the notification said they should be disposed of within seven days from the date of hearing. If this is not possible, reasons for the delay should be mentioned in the order.
Senior HC advocate P Vijayabhanu said the directives will help trial and appellate courts and also lawyers understand the essential facts in a case within a short time, besides reducing the piling up of cases pending trial. Directives on disposing of bail pleas are welcome,” he said.
As per the amendment, the main examination, cross-examination and re-examination should be held on the same day. “If they are held on different days, the record of depositions shall indicate the dates. The objections raised while recording the deposition shall be noted in the deposition by the judge or magistrate and shall be decided upon either immediately or after the deposition of the witness is recorded,” it said.
Courts shall also issue a hard copy or email a digitally signed copy of the deposition for free to the witness and accused or the advocate concerned and the prosecutor.