Tuesday, 5 November 2019

Supreme Court:Court should not direct expeditious hearing without good and cogent grounds

 No order
of expeditious hearing ought to be passed by any court
without good and cogent grounds as the same may affect other
litigants whose appeals are similarly pending.

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No.35524/2019

KHURSHEED AHMAD  Vs STATE OF UTTAR PRADESH 
Date : 04-11-2019 

This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT


UPON hearing the counsel the Court made the following
O R D E R
We would like Shri Tushar Mehta, learned Solicitor
General of India to assist the Court in evolving, if
possible, solutions to the problem that the present case
confronts the Court with, which is summarized below.

The accused, who has been convicted under Section
302 IPC and whose appeal is pending before the High Court,
has been refused bail by the High Court pending hearing of
the appeal. The appellant is in custody for over three years.
The appeal before the Allahabad High Court is not likely to
be heard immediately unless an order of expeditious hearing
is passed either by this Court or by the High Court. No order
of expeditious hearing ought to be passed by any court
without good and cogent grounds as the same may affect other
litigants whose appeals are similarly pending. Yet, at the
same time, the inability of the High Court, for reasons
beyond its control, to bring the criminal appeal(s) to an
early conclusion should not result in a situation where the
accused persons are to be released on bail on the aforesaid
ground. All these questions would require due consideration.
List the matter on 8th November, 2019.
(Chetan Kumar) (Anand Prakash)
A.R.-cum-P.S. Court Master
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