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The Bombay High Court asked the government on Wednesday to take steps to ensure that undertrials languishing in jail are tried without having to wait for years.
You cannot keep someone in jail without trial for 10 years, Justice Nazki said. Division bench of Justice Bilal Nazki and Justice AR Joshi was hearing a public interest litigation filed by undertrial Shailesh Gandhi.
Based on an earlier court directive last year,a report has been filed by TADA court and Principal Judge of the sessions court regarding details of undertrials who are in jail since 1993 for offences under TADA. Others include undertrials facing charges for offences under NDPS as well as IPC.
Justice Nazki stated that when the case is listed the authorities do not produce the accused and the evidence. The court had last year observed that normally under TADA the trial should be completed in 15 years and within 10 years under NDPS.
Justice Nazki asked if an accused is tried under NDPS and has already undergone nine years in jail without trial,what if he is acquitted then .
The judges on Wednesday asked the government to find out what steps can be taken to solve this issue and cautioned that costs will be imposed if they dont come up with some plan.
The court last week had directed the Principal Secretary (Home) to file an affidavit giving reasons on why the undertrials are not being produced before the courts while hearing similar petitions.The court had also sought data and figures pertaining to the same.
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