COMMON CAUSE"REGISTERED SOCIETY THROUGH ITS DIRECTORversusUNION OF INDIA AND ANR.

A             "COMMON CAUSE" A REGISTERED SOCIETY
                    THROUGH ITS DIRECTOR
                                         v.
                         UNION OF INDIA AND ANR.

                                  MAY 1, 1996
B
             [B.P. JEEVAN REDDY AND S.B. MAJMUDAR, JJ.]

          Constitution of India, 1950 : Article 32-Public Interest Litigation-
    Criminal cases-Unduly long pendency of-Under-trial prisoners-Re/ease,
C   discharge or acquittal of-Directions issued with regard to particular cases.

          Article 21-Undertrial prisoners-Persona/ liberty of--Pendency of
    criminal cases for long period-Observed that operates as an engine of
    oppression-To protect and effectuate the life and liberty of citizen~nsuring
    of-Directions issued to the States and Union Tenitories.
D
          The petitioner filed a public interest litigation under Article 32 of
    the Constitution of India, seeking directions with respect to cases pending
    in criminal courts all over the country for unconditional release and
    quashing the proceedings against persons accused under Motor Vehicles
E   Act wherein the proceedings had initiated 1 year ago, against persons
    charged under Indian Penal Code and other penal statutes which are
    pending for more than 3 years where maximum sentence is not more than
    6 months, against persons in police & judicial custody, accused of offences
    which are not punishable with more than 7 years with or without fine, and
    against persons charged for offence u/s 309 of IPC where cases are pending
F   for more than 1 year.

          Disposing of the petition, this Court.

          HELD : The matter deserves serious consideration by the Supreme
G Court and the High Courts in the country. The very pendency of criminal
    cases for long periods, by itself operates as an engine of oppression. It is
    essential to issue appropriate directions to protect and eflectuate the right
    to life and liberty of the citizens guaranteed by Article 21 of the Constitu-
    tion. Accordingly, the following directions are issued :

H         1. Where the offences under IPC or any of other law for the time
                                      196


                                                                                    J
     "COMMONCAUSE"AREGD.SOCY. v. u.o.1.1B.P.JEEVANREDDY,J.]            197

being in force, for which the accused are charged, which are punishable A
with imprisonment not exceeding three years, five years and seven years,
with or without fine and the trial of which are pending for one year, two
years and two years respectively and the accused are in jail for six months,
and one year or more respectively, the concerned criminal court shall
release the accused on bail or on personal bond. [199-G; 200-A; C-F]
                                                                             B
      2. Where criminal proceedings are pending regarding traffic offences
for more than two years on account of non-serving summons to the accused
or for any other reason whatsoever, the Court may .discharge the accused
and close the cases.
                                                                             c
       Where the cases pending in criminal courts for more than 2 years
under IPC or any other law for the time being in force, are compoundable
with the permission of the court and are non-cognizable and bailable, and
if in such cases trial has still not commenced, the Court shall discharge
or acquit the accused as the case may be and close such cases, in the case
of compoundable cases after hearing the public prosecutor and other          D
parties represented before it or their advocates.

      '\:Vhere the cases pending in criminal courts for more than one year
in connection with offences under IPC or any other law for the time being
in force, which are punishable with fine only and are not of recurring       E
nature, where trial has still not commenced, the criminal court shall
discharge or acc1uit the accused, as the case may be and close such cases.

     Where the cases pending in criminal courts for more than one year
and two years for offences under IPC or any other law for the time being
in force, which are punishable with imprisonment upto one year and three     F
years respectively with or without fine, and if such trials have still not
commenced, the court shall discharge or acquit the accused, as the may
be and close such cases. [202-C-G]

      3. For the purpose of directions 1 and 2 above, the period of penden- G
cy of criminal cases shall be calculated from the date the accused are
summoned to appear in the Court. [202-C]

      4. Directions (1) & (2) shall not apply to cases of offences involving
(a) corruption, misappropriation of public funds, cheating, whether under
Indian Penal Code, Prevention of Co_rruption Act or any other statutes, H
    198                     SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A   (b) smuggling, foreign exchange violation and offences under the Narcotics
    Drugs and Psychotropic Substances Act, (c) Essential Commodities Act,
    Food Adulteration Act, Acts dealing with Environment or any other
    economic offences, (d) offences under Arms Act, Explosive Substances Act,
    Terrorists and Disruptive Activities Act, (e) offences relating to the Army
    Navy and Air Force, (I) offences against public tranquility; (g) offences
B
    relating to public servants; (h) offences relating to coins and Government
    stamp; (i) offences relating to elections; (j) offences relating to giving false
    evidence and offences against public justice; (k) any other type of offences
    against the State; (1) offences under the Taxing enactments; and (m)
    offences of defamation as defined in Section 499 I.P.C. [202-D-F]
c
             5. The criminal courts shall try the offences in Para-(4) on a priority
    basis.

         The criminal courts and all courts trying criminal cases shall take
    appropriate action in accordance with the above directions.
D
         The directions are applicable not only to the cases pending on this
    day but also to cases which may be instituted hereafter. [202-G-H; 203-A)

             CIVIL ORIGINAL JURISDICTION: Writ Petition (c) No. 1128 of
    1986.
E
             (U oder Article 32 of the Constitution of India.)

             Petitioner-in-person

          A.N. Jayaram, Additional Solicitor General, Ms. Binu Tamta, A.
F   Subhashini, R.K. Mehta, (C. Balasubramaniam) for K. Ramkumar, Dilip
    Sinha, J.R. Das, M. Veerappa, Mrs. Manjula Kulkarni, A. Mariarputham,
    B. Chahar, Ashok Mathur, LS. Goyal, Ms. lndu Malhotra, for the Respon-
    dents.

             The Judgment of the Court was delivered by
G
           B.P. JEEVAN REDDY, J. "Common Cause", a registered society
    espousing public causes has asked for certain general directions in this writ
    petition, preferred under Article 32 of the Constitution of India, with
    respect to cases pending in criminal courts all over the country. The
H   directions asked for are:




                                        ..........
     "COMMON CAUSE" A REGD. SOCY. v. U.0.1. [B.P . .TEEVAN REDDY, J.]   199

      (a) quashing of all proceedings against persons accused of offences     A
under the Motor Vehicles Act where the proceedings were initiated more
than one year ago and are still pending in any court in the country;

       (b) to direct the unconditional release of the accused and dismissal
of all proceedings pending in Criminal Courts with respect to offences
                                                                              B
under Indian Penal Code or other penal statutes which have been pending
for more than three years from the date of their institution and for which
offences the maximum sentence provided under law is not more that six
months - with or without fine. This direction is sought in respect of all
prosecutions whether lodged by police, other governmental agency or by a
private complainant;                                                          c
       (c) directing the unconditional release of all the accused and dismiss-
al of criminal proceedings against persons who have been in police or
judicial custody for a period of more than three years from the date of their
arrest or remand to such custody, where the offences alleged are not D
punishable with more than seven years - with or without fine; and

      (d) directing the unconditional release of the accused and dismissal
of proceedings against persons accused of offences under Section 309 of
the Indian Penal Code (I.P.C.) where the proceedings have been pending
in any Court for more than one year from the date of their institution.    E

      The Petitioner has requested that the aforesaid directions should
apply not only to cases pending in Courts on the date of the passing of the
order but also to cases executed hereinafter.
                                                                              F
      Notices were directed to Union of India and the State Governments
of Uttar Pradesh and Bihar and to the Delhi Administration. Counters
have also been filed by them.

      We are of the opinion that the suggestions made are well-meaning
and consistent with the spirit underlying Part-III of the Constitution of G
India and the criminal justice system. They deserve serious consideration
by this Court and the High Courts in the country. It is a matter of common
experience that in many cases where the persons are accused of minor
offences punishable not more than three years - or even less - with or
without fine, the proceedings are kept pending for years together. If they H
    200                    SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A are poor and helpiess, they languish in jails for long periods either because
  their is no one to bail them out or because there is no one to think of them.
  The very pendency of criminal proceedings for long periods by itself
  operates as an engine of oppression. Quite often, the private complainants
  institute these proceedings out of oblique motives. Even in case of offences
B punishable for seven years of less - with or without fine - the prosecutions
  are kept pending for years and years together in criminal courts. In a
  majority of these cases, whether instituted by police or private com-
  plainants, the accused belong to poorer sections of the society, who are
  unable to afford competent legal advice. Instances have also come before
  courts where the accused, who are in jail, are not brought to the court on
c every date of hearing and for that reason also the cases undergo several
  adjournments. It appears essential to issue appropriate directions to
  protect and effectuate the right to life and liberty of the citizens guaranteed
  by Article 21 of the Constitution. It is also necessary to ensure that these
  criminal prosecutions do not operate as engines of oppression. According-
D ly, the following directions are made which shall be valid not only for the
  States of Uttar Pradesh, Bihar and Delhi but for all the States and the
    Union Territories.

           l(a) Where the offences under l.P.C. or any other law for the time
E    being in force for which the accused are charged before any criminal court
     are punishable with imprisonment not exceeding three years with or
     without fine and if trials for such offences are pending for one year or more
     and the concerned accused have not been released on bail bnt are in jail
     for a period of six months or more, the concerned criminal court shall
     release the accused on bail or on personal bond to be executed by the
F    accused and subject to such conditions, if any, as may be found necessary,
     in the light of Section 437 of the Criminal Procedure Code (Cr. P.C.)

            l(b) Where the offences under l.P.C. or any other law for the time
     being in force for which the accused are charged before any criminal court
G    are punishable with imprisonment not exceeding five years, with or without
     fine, and if the trials for such offences are pending for two years or more
     and the concerned accused have not been released on bail but are in jail
     for a period of six months or more, the concerned criminal court shall
     release the accused on bail or on personal bond to be executed by the
H    accused and subject to the imposing of suitable conditions, if any, in the
     "COMMON CAUSE" A REGD. SOCY. v. U.0.1. [B.P. JEEVANREDDY, J.]         201


light. of Section 437 Cr. P.C.                                                   A

       l(c) Where the offences under I.P.C. or any other law for the time
being in force for which the accused are charged before any criminal court
are punishable with seven years or less, with or 'without fine, and if the
trials for such offences are pending for two years or more and the con-
                                                                                 B
cerned accused have not been released on bail but are in jail for a period
of one year or more, the concerned criminal court shall release the accused
on bail or on personal bond to be executed by the accused and subject to
imposing of suitable conditions, if any,_ in the light of Section 437 Cr. P.C.

       2(a) \\lbere criminal proceedings are pending regarding traffic offen-    c
ces in any criminal court for more than two years on account of non serving
summons to the accused or for any other reason whatsoever, the court may
discharge the accused and close the cases.

       2(b) Where the cases pending in criminal courts for more than two D
years under I.P.C. or any other law for the time being in force are
compoundable with permission of the court and if in such cases trial have
still not commenced, the criminal court shall, after hearing the public
prosecutor and other parties represented before it or their advocates,
discharge or acquit the accused, as the case may be, and close such cases.
                                                                                 E
      2(c) Where the cases pending in criminal courts under I.P.C. or any
other law for the time being in force pertain to offences which are non-
cognizable and bailable and if such pendency is for more than two years
and if in such cases trials have still not commenced, the criminal court shall
discharge or acquit the accused as the case may be, and close such cases.        F

        2( d) Where the cases pending in criminal courts under I.P.C. or any
other law for the time being in force are pending in connection with
offences which are punishable with fine only and are not of recurring
nature, and if such pendency is for more than one year and if in such cases G
trial _have still not commenced, the criminal court shall discharge or acquit
the accused, as the case may be, and close such cases.

      2( e) Where the cases pending in criminal courts under I.P.C. or any
other law for the time being in force are punishable with imprisonment
upto one year, with or without fine and if such pendency is for more than H
    202                  SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A   one year and if in such cases trials have still not commenced, the criminal
    court shall discharge or acquit the accused, as the case may be, and close
    such cases.

          2(f) Where the cases pending in criminal courts under l.P.C. or any
    other law for the time being in force are punishabie with imprisonment
B   upto three years, with or without fine, and if such pendency is for more
    than two years and if in such cases trial have still not commenced, the
    criminal court shall discharge or acquit the accused, as the case may be,
    and close such cases.

c         3. For the purpose of directions contained in clauses (1) and (2)
    above, the period of pendency of criminal cases shall be calculated from
    the date the accused are summoned to appear in the court.

          4. Directions (1) and (2) made hereinabove shall not apply to cases
D   of offences involving (a) corruption, misappropriation of public funds,
    cheating, whether under the Indian Penal Code, Prevention of Corruption
    Act or any other statute, (b) smuggling, foreign exchange violation and
    offences under the Narcotics Drugs and Psychotropic Substances Act, (c)
    Essential Commodities Act, Food Adulteration Act, Acts dealing with
    Environment or any other economic offences, (d) offences under Arms
E   Act, Explosive Substances Act, Terrorists and Disruptive Activities Act,
    (e) offences relating to the Army, Navy and Air Force, (I) offences against
    public tranquility; (g) offences relating to public servants, (h) offences
    relating to coins and Government stamp,(i) offences relating to elections,
    Gl offences relating to giving false evidence and offences against public
F   justice. (k) any other type of offences against the State (I) offences under
    the Taxing enactments and (m) offences of defamation as defined in
    Section 499 I.P.C.

           5. The criminal courts shall try the offences mentioned in Para (4)
    above on a priority basis. The High Courts are requested to issue necessary
G   directions in this behalf to all the criminal courts under their control and
    supervision.

           6. The criminal courts and all courts trying criminal cases shall take
     appropriate action in accordance with the above directions. These direc-
H    tions are applicable not only to the cases pending on this day but also to
         "COMMON CAUSE" A REGD. SOCY. v. U.0.1. {B.P . .TEEVANREDDY, J.]   203


    cases 'Nhich may be instituted hereinafter. As an<l when, a particular case   A
    gets covered by one or the other direction mentioned in Directions (1) and
    (2) read with Direction (4) above, appropriate orders shall be passed by
    the concerned court without any delay.

         The writ petition is disposed of with the above directions.
                                                                                  B
         No costs.

    K.K.T.                                                Petition disposed of.




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