Delay by the state government and the Central Bureau of Investigation (CBI) in getting a trial started, has helped an accused in a case of immoral trafficking come out on bail.
Hearing an application filed by Rajdev Kumar Yadav, an accused arrested in September 2008 in an alleged case of Immoral Trafficking, justice DG Karnik granted him bail. Yadav had moved the high court last year, saying that a trial against him had been pending since the past 18 months.
Yadav had pleaded that his right of a fair and expeditious trial had been violated. He stated that he was languishing in jail as there was no trial being held on account of lapses by the state (prosecution).
The CBI has denied the allegations. Counsels for the CBI pointed out that the lapses, if any, were not because of the CBI, but the state police or jail authorities.
So, the applicant cannot get the benefit of lapses on behalf of the state government.
Article 21 confers the right of a speedy trial. That right is not affected even if the prosecuting agency is the Union or sate government. Justice Karnik had then called for a report from the sessions court as to why the trial had been pending against Yadav for 18 months. The report stated that the prosecution, including the state and CBI had sought adjournments on more than 12 occasions as either the accused was not brought to the court from jail or the CBI prosecutor was not present for the hearing.
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