Karnataka High Court judge takes reformist path

BENGALURU: Having noticed inordinate delays in conducting trials, the Karnataka High Court has passed strict guidelines for all criminal courts across the state, asking them to hold trials on day-to-day basis for speedy justice. The high court also emphasised on holding 'Pre-Trial Conferences'.

The pre-trial conference relates to courts hearing out disputing parties and narrowing down on contentious issues, like the list of witnesses to be summoned, fixing a time-frame for the trial's conclusion and the documents to be examined. It already exists in countries like the United States, Australia and Canada.  

Justice A.V. Chandrashekara made the observations, while passing the order in a criminal appeal. “This court feels that a 'Pre-trial Conference' will have to be held, consisting of presiding officer, public prosecutors, accused, advocate for the accused, and the concerned responsible police officer, like inspector or sub-inspector of the concerned police station,” he said. It would be helpful if a 'Pre-Trial Conference' is held with the public prosecutor coming in with thorough preparation about the list of prosecution witnesses he wishes to examine and the approximate time for examining them with a particular reference to the dates, the judge said.

The courts must ensure that the witnesses intended to be examined by the prosecutor would be available on the specified dates. “Whenever a child or woman come as witness to the court, they must be treated courteously,” the court observed.

The 'Pre-Trial Conference' should be conducted effectively to thrash out many unexpected situations well in advance. “It should not be a mere formality, but a useful exercise as a step in aid to hold trial as mandated in Section 309, CrPC,” Justice Chandrashekara said.

“This court feels that the principal district judge or the unit head will have to write to the High Court to provide sufficient amount to be paid as Travelling Allowance (TA) to the witnesses who attend the court. In turn, the Registry to take up the issue with the government, with the approval of the Chief Justice, for providing sufficient financial allocation in this regard,” it said

“In fact, the amount of TA to be paid as per the provisions the Karnataka (Payment of Expenses of Complainants and Witnesses Attending Criminal Courts) Rules, 1967, need to be updated, keeping in mind the present cost of living, and cost of travelling charges, and so on,” the court said, adding that the criminal court must ensure that the witnesses are paid the prescribed TA and DA as per rules on the same day and the prosecution is expected to assist the court in this regard.