ashok kumar (Social Worker) 02 November 2013

Judge not acting on application

In a Section 138 NIA case, the trial Court is giving extraordinary long dates and the case is pending for 10 years. The court has been requested to give the dates as per the mandate of Section 143(2) & 143(3) – See Below. However the court has taken no positive action

Can the complainant approach the DJ for suitable direction to the trial Court?

In such a case would it be necessary to make the accused also a Party , since the grievance is against the Court and not the Party?

“143 (2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing”.

“143(3) Every trial under this section shall be conducted as expeditiously as possible and an Endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.”

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T. Kalaiselvan, Advocate (Advocate) 02 November 2013

These days it will not be possible for the court to conduct trial of the cases on day to day basis though the law requires the court to do that way owing to various facts namely, shortage of manpower, advocates boycott, advocates non-cooperation, judges leave and ODs and other different reasons which cannot be mentioned in a public forum like this. Hence we may have to bear with the situations. Complaint with DJ may not have any effect.