SUSHIL ANSAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This writ petition has been filed under Section 482 Cr.P.C. read with Section 227 of the Constitution of India for

(2.) The brief facts necessary for consideration of this petition are that a case under Section 304-A/304/337/338/285/287/436/427 IPC (known as Uphaar Tragedy Case) was fixed for delivery of judgment on 5th September, 2007. The order passed by the trial court on 21st August, 2007 reads as under:

(3.) It is submitted by the learned counsel for the petitioners that the order of the trial court violated the principles of natural justice. The petitioners only wanted to place the written submissions (running into 335 typed pages) on record since, the evidence and the documents in this case involved thousands of pages and it was not practically possible for the judge to remember all the arguments advanced orally. It was also submitted that while oral arguments are addressed by the parties, normally, the judge prepares her own notes for memory and notes down the points of arguments, however, the counsel for the accused do not have the advantage of looking into those notes or knowing the contents of those notes and therefore, it is not known to the accused, if the, notes reflect all the points raised or not. Placing written arguments on record, therefore, was to keep on record the points raised by the accused for the benefit of a fair decision.