The Karnataka High Court has issued guidelines to be followed when a case is registered against a person under the Karnataka Control of Orgianised Crimes Act (KCOCA) and other criminal cases. These guidelines have been issued by the High Court in a petition filed by the State Government seeking to keep the trial of gangster Bannanje Raja in abeyance while KCOCO case was pending against him.
The State Government filed a petition before the High Court when a special court dismissed the application of the state filed under section 10 of the Act seeking to stay on all other regular criminal matters against the gangster till the trial gets completed in the particular case.
Justice Suraj Govindaraj while dismissing the application of the state observed that "IT is apparent that Section 10 would come into play and be operative only in the event of trial of an offence under the KCOCA having commenced. If the trial has not yet commenced, there would be no question of section 10 coming into play.
He further said "Right to a fair and speedy trial is a fundamental right of any accused recognized under Article 21 of the Constitution of India. This right in my considered opinion would extend to all the criminal proceedings against the accused."
The High Court enunciated that in case of an application made under section 10 of the Act, it should be accompanied by details of all other criminal proceedings pending against the said accused. the stage of the matter and if the trial has commenced or not. If the trial has commenced, then further details such as how many witnesses are examined and details of the custody of the accused is to be provided. The Court also stated that the availability f video-conferencing services, and the calendar of dates fixed for trial in all the cases. The Trial Should be preferred on a day-to-day basis. A dashboard is required to be created indicating the status of the matters pending under the Act against a particular accused.
The departments of IT, Director of Prosecution and Police were directed to work together to create this dashboard.
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