Mandamus writ
bhima balla
(Querist) 22 May 2012
This query is : Resolved
Dear experts, How can we file mandamus writ?kindly let me know the entire process and it's effects. Can one file mandamus writ in high court to speed up trial in a criminal case in the trial court? What if the trial procedure is still delayed violating the orders of the mandamus writ? What recourse does one have? Thanks!
Adv.R.P.Chugh
(Expert) 22 May 2012
Dear Querist,
A mandamus is a writ to a public body - mandating it to perform it's public duty. Speedy Trial is a part of natural justice and fair & reasonable procedure. The Trial Courts as per S.309 are mandated to examine witnesses day by day and to expedite the trial as much as it can be, because a pending criminal trial is a serious impediment to a person's right to free life and liberty.
The High Court can issue a mandamus to the court to remind it of it's duty if the trial is being unduly delayed.
It's not a complicated process as such, a simple writ u/a 226 of the Constitution.
But considering the pendency in lower courts, and low judge to population ratio - it's not that in all cases such directions can be passed.
SAINATH DEVALLA
(Expert) 23 May 2012
Mr.Bhalla,
Why do keep on changing threads for the same query.I have replied to the same query posted at 19.28.
bhima balla
(Querist) 31 May 2012
Thank you Bharat Chugh Sahab!
