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Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case

Akshita Saxena
28 May 2021 4:12 AM GMT
Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case
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"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed. The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases against legislators...

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"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed.

The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases against legislators in terms of directions passed by the Supreme Court in Ashwani Kumar Upadhyay v. Union of India & Anr.

The Bench has asked various Central and State agencies that are investigating these cases to apprise the Court on the next date of hearing of inordinate delay, if any, in culmination of investigation(s) pending before them.

"States as well as Central agency would ensure that the aforesaid order is examined by all the respective investigating officers to ensure due compliance," it said.

Also Read: MP/MLA Courts Shall Grant Adjournment Only In Exceptional Cases, Record Reasons In Writing: Punjab & Haryana High Court

As of date, 163 cases are pending against MPs/MLAs in the State of Punjab.

21 cases are under trial in the State of Haryana, including 7 against Ex-MLAs of Haryana and 2 against Ex-MLAs of Himachal Pradesh and 1 against Ex-MLA of Delhi. 15 out of 21 criminal cases are pending before Trial Courts, whereas, 6 cases are pending before Appellate/Revisional courts. Further, 3 cases registered in the State of Haryana had been transferred to CBI, Chandigarh for investigation.

So far as UT of Chandigarh is concerned, 7 cases are pending which are under investigation. No case is pending trial at the moment.

The CBI is granted time submit relevant information pertaining to cases before Anti-Corruption Bureau and Special Crime Branch, Chandigarh along with details of such cases where investigation is pending.

The matter is now listed for hearing on July 19.

Case Title: Court On Its Own Motion v. State Of Punjab & Ors.

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