Accused has right to speedy trial: Gauhati High Court

Staff Reporter

GUWAHATI: An incident of non-attendance to a trial court by an investigation officer (IO) for about two years led to a delay in the disposal of the case. A bench of the Gauhati High Court observed it as a violation of an accused right to speed trial of the case.

This is an application under Section 482 Cr.P.C. filed by an accused in GR case (1059/2014) pending before the CJM Court, Karbi Anglong, Diphu, with a grievance that though he is facing trial, the investigating officer has not yet appeared before the trial court to depose, causing delay in the trial.

The material discloses that the initial summons to appear and depose as witnesses to the investigation officer was issued on July 18, 2022, and such a date of appearance continued until March 30, 2024. Thus, almost two years of delay have been caused only by the non-examination of the investigation officer. “Such a situation cannot be allowed to continue inasmuch as an accused has the right to a speedy trial,” the Court observed.

The aforesaid witness is a police official, and therefore, this court would like to have instructions as regards the prosecuting policy of the state in this regard and also as to how they are proposing to deal with this kind of situation, the Court said.

Accordingly, the Additional Public Prosecutor shall obtain instructions from the Director General of Police, Assam. The Court listed the petition for its next hearing on May 3, 2024.

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