December 8, 2022

Easing caseload: SC ropes in experts for dropping petty criminal cases | India News – Times of India

NEW DELHI: A day after mooting the idea of dropping of pending criminal cases involving less heinous offences and in which the accused have already spent substantial part of the sentence, the Supreme Court on Thursday asked senior advocates, including Sidharth Luthra and Mahesh Jethmalani, to give their suggestion and assist the court on how the “innovative thinking” could be translated into action.
As the batch of senior advocates, including Siddharth Agrawal and Siddhartha Dave, appeared together in one of the cases before a bench of Justices Sanjay Kishan Kaul and M M Sundresh, the court told them about the idea propounded by it on Wednesday on dropping of cases as a one-time measure to unburden the judicial system and sought their suggestions on how can it be implemented.
The bench on Wednesday had proposed that dropping of cases could be done in order to streamline the criminal justice delivery system and to ensure that courts devote more time on serious matters involving heinous offences. “In the course of dealing with this matter, one of the aspects which was explored was whether for cases where the maximum sentence is seven years or less, and the persons have either served out half the sentence or pending trial have already gone through half the sentence, can there be an exploratory method to see that these cases go out of the system so that judicial system is able to concentrate on more heinous cases,” the bench had said in its order.
“A natural corollary of this would be that if the cases by the State are sought to be dropped, they should not face any adverse litigation on account of having initiated those cases to that extent the detenu would have to give them consent,” it said.
“I would request you all to interact with amicus curiae Gaurav Agrawal to help him in unburdening the judicial system. There is a need to have some institutional system to knock these cases out of the system,” the bench said.

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