Scores of accused have been detained in jails for years as the cases against them could not be disposed of mainly due to failure of the prosecution to produce witnesses.
The Supreme Court chapter of the state-run National Legal Aid Service Organization called it a matter of worry that at least two accused had already been in jail custody awaiting trial for 18 years.
Quoting jail documents, it says, until December 462 accused were in the custody of jails, ranging from five to 18 years, awaiting trial.
Lawyers said that such pre-trial detentions grossly violate the Constitution of the Republic and the human rights of the accused.
Following queries, jail authorities informed the SC chapter of the National Legal Aid Service Organization that two accused had been in jails for 18 years, one each for 17, 16 and 15 years, six each for 13 and 12 years while 445 others already spent between five to 10 years in prisons awaiting trial on the allegation that they committed various offences including murders, co-coordinator of the SC chapter of the NLASO Ripon Paul Sku told New Age.
The NLASO would provide free legal assistance to all the detained accused in phases, he said.
Chief Justice SK Sinha in a recent directive directed the trial courts to issue warrants to ensure that the witnesses in these pending cases were produced in courts by police and set them free after recording their testimonies.
The Chief Justice also directed the trial court judges to dispose of the cases pending for over 10 years on priority.
He also directed the law ministry to take action against public prosecutors if they were found sending prosecution witnesses back without presenting them at trial courts for recording their evidence.
Md Haider Ali,62, has been in the custody of the Jhenidah district jail for 18 years awaiting completion of his trial on the charge of a murder he allegedly committed 1998.
The trial court could not complete his trial though he was produced in 99 hearings held by the additional district judge’s court- 1, the trial court.
Haider comes from Shibnagar, Kotchandpur, Jhenidah.
Supreme Court lawyer and human right activist Shahdeen Malik said that pre-trial detention of suspects for long periods like this constitute gross violation of fundament rights of the accused.
He said that the accused have the right to get speedy trial as Article 35(3) of the Constitution pledges.
He said that the Supreme Court of India in a verdict delivered in 2014 asked for setting under trial prisoners free if they had served 50 per cent or more of the terms to which they could be sentenced.
Monir, 32, of Baro Machipur, Daudkandi, Comilla, has been detained at the Cox’s Bazaar Jail since he was 17.
His trial could not be completed until now though he was produced at 90 hearings in the court of the additional district and session judge of Cox’s Bazaar for a murder he allegedly committed at Ramu on March 24, 2001.
Similarly, Faruk Hossain, 25, was produced at 131 hearings in the court of special judge court of Sylhet during almost 12 years he had been detained in the Sylhet Central Jail for a murder he allegedly committed on February 8, 2005.
Faruk of Noagao, Komalganj, Moulavibazar, has been detained in the Sylhet jail since he was 13.
Md Sani alias Liton, 32, of Kushar Banga Shah, Boalmari, Faridpur has been detained at the Cox’s Bazaar Jail for over 10 years on the charge of committing a robbery followed by murder in 2006.
Jail documents reveal, until August 11, 2016, Sani’s trial could not be completed by the Cox’s Bazaar sessions’ judge’s court, the trial court, though he was produced at its 637 hearings.
The Supreme Court chapter of the state-run National Legal Aid Service Organization called it a matter of worry that at least two accused had already been in jail custody awaiting trial for 18 years.
Quoting jail documents, it says, until December 462 accused were in the custody of jails, ranging from five to 18 years, awaiting trial.
Lawyers said that such pre-trial detentions grossly violate the Constitution of the Republic and the human rights of the accused.
Following queries, jail authorities informed the SC chapter of the National Legal Aid Service Organization that two accused had been in jails for 18 years, one each for 17, 16 and 15 years, six each for 13 and 12 years while 445 others already spent between five to 10 years in prisons awaiting trial on the allegation that they committed various offences including murders, co-coordinator of the SC chapter of the NLASO Ripon Paul Sku told New Age.
The NLASO would provide free legal assistance to all the detained accused in phases, he said.
Chief Justice SK Sinha in a recent directive directed the trial courts to issue warrants to ensure that the witnesses in these pending cases were produced in courts by police and set them free after recording their testimonies.
The Chief Justice also directed the trial court judges to dispose of the cases pending for over 10 years on priority.
He also directed the law ministry to take action against public prosecutors if they were found sending prosecution witnesses back without presenting them at trial courts for recording their evidence.
Md Haider Ali,62, has been in the custody of the Jhenidah district jail for 18 years awaiting completion of his trial on the charge of a murder he allegedly committed 1998.
The trial court could not complete his trial though he was produced in 99 hearings held by the additional district judge’s court- 1, the trial court.
Haider comes from Shibnagar, Kotchandpur, Jhenidah.
Supreme Court lawyer and human right activist Shahdeen Malik said that pre-trial detention of suspects for long periods like this constitute gross violation of fundament rights of the accused.
He said that the accused have the right to get speedy trial as Article 35(3) of the Constitution pledges.
He said that the Supreme Court of India in a verdict delivered in 2014 asked for setting under trial prisoners free if they had served 50 per cent or more of the terms to which they could be sentenced.
Monir, 32, of Baro Machipur, Daudkandi, Comilla, has been detained at the Cox’s Bazaar Jail since he was 17.
His trial could not be completed until now though he was produced at 90 hearings in the court of the additional district and session judge of Cox’s Bazaar for a murder he allegedly committed at Ramu on March 24, 2001.
Similarly, Faruk Hossain, 25, was produced at 131 hearings in the court of special judge court of Sylhet during almost 12 years he had been detained in the Sylhet Central Jail for a murder he allegedly committed on February 8, 2005.
Faruk of Noagao, Komalganj, Moulavibazar, has been detained in the Sylhet jail since he was 13.
Md Sani alias Liton, 32, of Kushar Banga Shah, Boalmari, Faridpur has been detained at the Cox’s Bazaar Jail for over 10 years on the charge of committing a robbery followed by murder in 2006.
Jail documents reveal, until August 11, 2016, Sani’s trial could not be completed by the Cox’s Bazaar sessions’ judge’s court, the trial court, though he was produced at its 637 hearings.
Source: New Age