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Unnecessary Delay in Investigation Violates Right to Fair and Speedy Trial Under Article 21: Punjab and Haryana High Court [READ ORDER]

Unnecessary Delay in Investigation Violates Right to Fair and Speedy Trial Under Article 21: Punjab and Haryana High Court [READ ORDER]

The Punjab and Haryana High Court ruled that "Unreasonable delay in closing an investigation is breach of the right to a fair and speedy investigation and trial mentioned under Article 21 of the Constitution." 

A Division Bench of Justice Rajan Gupta and Justice Karamjit Singh made the statements in the suo moto case seeking expeditious disposition of criminal charges against legislators in accordance with Supreme Court order passed in Ashwani Kumar Upadhyay v. Union of India & Anr.

The Bench requested various Central and State agencies that are investigating these instances to notify the Court of any excessive delay, if any, in the conclusion of the investigation(s) currently before them on the next date of hearing. They further stated that the States and Central agency both should ensure that order given should is examined under the respective investigating officers for ensuring due compliance. 

Till present date, 163 cases are pending before the State of Punjab against the MPs and MLAs, In Haryana 21 cases are in the trail process which includes 7 cases against Ex-MLAs and 2 Ex-MLAs of Himachal Pradesh and 1 against Delhi Ex-MLA. Out of those 21 cases 15 are pending in the Trail Courts and other 6 in the Appellate/Revisional courts. Another 3 which were registered under the Haryana Court are being sent to CBI for further investigation. Chandigarh has 7 investigation cases but no pending Trail Case. 

The CBI has been given time to present pertinent information pertaining to cases before the Anti-Corruption Bureau and Special Crime Branch, Chandigarh, as well as details of such cases where investigation is still underway. The case has been rescheduled until July 19.

Case Title: Court On Its Own Motion v. State Of Punjab & Ors.

 

[READ ORDER]

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