The Supreme Court has said that in particularly sensitive cases, the practice of day-to-day hearing has been completely abolished and the courts should adopt it again. The court, considering the right to hearing quick hearing, as being inherent in Article 21 of the Constitution, said that all the High Courts should set up a committee to seriously discuss this issue for the benefit of the concerned district court.
Justice J. B. Pardiwala and Justice K. The bench of V. Vishwanathan said that it is necessary to understand the current social, political and administrative scenario, including the police methods, to return to the old practice of hearing on day-to-day basis.
Thirty years old practice completely ended
The bench said in its order of 22 September, 'Nearly thirty years old practice of day-to-day hearing in especially important or sensitive matters has been completely abolished. We believe that the time has come that the court should adopt this practice again.
This order of the Supreme Court has come on the petition of the CBI, in which in September last year, the order of granting bail to an accused was challenged by the Calcutta High Court in a rape case. The bench said that one of the major factors responsible for the delay in justice system is not to continuously hear criminal cases.
Hearing continues day by day after witnesses statement
The bench said that even in such cases, the court consider the evidence 'in pieces' using the discretion and the cases continue to last for several months or years. The bench said that the legal status is that once the statement of the witnesses, the court concerned should continue hearing day by day until all the witnesses have the statements, except the witnesses who have left the government lawyer.
The bench said that the Chief Justice of the High Court can instruct his administrative party to issue a circular to the concerned district judiciary, in which it is also mentioned that every investigation or hearing should be done quickly. The bench said that the hearing of the case should be completed by 31 December.
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