Violation of court procedure. Is it human rights violation?
s.loganathan
(Querist) 02 September 2010
This query is : Resolved
1. Proper procedure not followed in arraigning co-accused.
2. Refusal to give complaint copy to accused on appearance & insisted on appearance of A2, though not qualified under ingredients of cognizance.
3. Returns application u/s 205 for A2,though medical records for chronic heart ailment and under treatment submitted.
4. Second appearance, complaint copy not given and plea not questioned. 205 allowed for A2 after producing medical certificate on being admitted in the ICU.
5. Third appearance, pass over matter to last calling and also not read charge and asked as to plea of guilt. Orders to go sign the papers.
6. Charges written in language not literate by me. I obeyed the order and signed.
7. I make application for copy of documents and orders of 205 application. But returned as 'exhibit unmarked, hence returned'
8. I resubmit application along with High Court citation on Right to copy as a fundamental right whether marked or not. Remarked to 'argue before open court'.
Are any of these happenings an infringement under the constitution? And would a constitutional violation be a violation upon the rights of an individual?
R.Ranganathan
(Expert) 02 September 2010
You can approach the High Court for direction to give copies.
s.loganathan
(Querist) 02 September 2010
Thanks! But I repeat;
Are any of these happenings an infringement under the constitution? And would a constitutional violation be a violation upon the rights of an individual?
s.subramanian
(Expert) 02 September 2010
Yes. Certainly under Art.20,21 and 22 of the constitution of India which ensure the right to life and personal liberty as fundamental rights. As per those articles the right to have speedy and fair trial and hearing are fundamental rights. If you are not accorded such a trial by the court,it violated your fundamental rights. The Supreme court by a bench headed by Justice B.P.Jeevan Reddy delcared in the case of Common cause that delay in criminal trials is violation of fundamental rights and laid down norms for the disposal of the criminal case which have been pending for unreasonably long time.
s.loganathan
(Querist) 03 September 2010
Thankyou Mr.S.Subramanian! I am preferring a complaint to the NHRC, since my counsel is of the opinion that any complaint of contempt will jeopardise my case and suffer the ire of the judiciary. On the other hand, won't the above happenings make good grounds for Transfer of Petition?
