INDRA KUMAR TANWANI Vs. STATE(THROUGH CBI)

JUDGEMENT

(1.) THIS application has been filed on behalf of the petitioner under Article 226 of the Constitution of India for issuance of appropriate writ in the nature of certioari for quashing the entire criminal proceedings of R.C. Case No. 7 of 1987 (R), earlier pending in the Court of Special Judge,, CBI, Dhanbad, but now transferred to one of the Courts of special Judge, CBI, Ranchi on account of inordinate delay occurred in conclusion of trial which amounts to denial of the right or speedy justice which is one of the mandates of Article 21 of the Constitution of India.

(2.) LEARNED Counsel for the petitioner submits that this is a glaring example of inordinate delay in conclusion of the trial as the petitioner has been facing the rigors of the trial since last 20 years and still there is no likelihood of early conclusion of the trial and the manner in which the trial is being conducted on the part of the CBI defying the right of speedy justice to the petitioner is certainly subject to criticism. In this regard, it was submitted that the petitioner while was posted in the year 1987 as Deputy Materials Manager, Argada Area of Central Coalfield Limited at Hazaribagh, a case was lodged against him at Ranchi, vide R.C. Case No. 7 of 1987 on the allegation that the petitioner has acquired assets disproportionate to his known source of income and as such, case was registered under Sec. 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947.

(3.) AS against this learned Counsel appearing for the CBI submits that though CBI has not been able to examine all witnesses during this long pendency, but proceeding of a criminal trial on account of lapse of time cannot be terminated as a rule in view of the proposition laid down by the Hon ble Supreme Court in a case referred to on behalf of the petitioner as there could be so many unavoidable circumstances which may contribute lengthening of the proceeding and if the delay occurs on that ground then certainly once right to speedy trial cannot be said to have been defeated and in this case also there were the circumstances such as transfer of the case from Ranchi to Dhanbad and then Dhanbad to Ranchi at more than one occasions, vacancy of the office of the Presiding Officer, time consumed during the pendency of the proceeding arising out of the trial in the High Court and the Court of CBI, Dhanbad being busy with other important matters are the factors which led such delay in conclusion of the trial but the CBI will take all endeavour to see that the trial is concluded within six months from receipt of the record at Ranchi Court from Dhanbad provided no hindrance is put on behalf of the accused in smooth sailing of the trial and other unforeseen situation may not come in the way in speedy disposal of the trial.