BENGALURU: The Karnataka High Court on Wednesday ordered transfer of 56 cases, pending before two Special Courts in Bengaluru Urban district, under the Unlawful Activities (Prevention) Act, 1967, to the designated Special Court. A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj passed the order while disposing of a PIL filed by A Vaseemuddin, a resident of Jayanagar, drawing the attention of the court to the delay in the trial of those cases, and violation of rights of the accused.
The court observed that all criminal cases, wherein the accused are in judicial custody, should be disposed of expeditiously, considering the rights of the accused under Article 21 of the Constitution. However, a few cases are being investigated by the NIA. According to the NIA Act, the Special Court should hold trial on a day-to-day basis on all working days, the court said.
It noted that due to the pandemic, some members of the Bar are unable to attend court regularly, and police machinery is also under pressure. Because of the lockdown, pendency of cases has increased in all courts.
In Bengaluru, adequate public prosecutors are not available. “In a PIL, we have issued directions to fill vacant posts of public prosecutors. Therefore, it is not possible for us to issue directions fixing outer limits for disposal of cases under the Unlawful Activities (Prevention) Act... Presiding Officers are aware of the provisions of the NIA Act,” the court added.
The court also directed the Registrar General to ensure that appropriate steps are taken for the transfer of those cases to the designated court. The Judicial Registrar should supply a copy of this order to judicial officers of the City Civil and Sessions Court, it said.