HC asks: Can an accused be kept in custody indefinitely because the trial court cannot function due to COVID-19?

The Allahabad High Court in the case of Ram Niwas @ Nankan V. State of U.P. comprising of a single Bench of Justice Rajesh Singh Chauhan has expressed concern over the delay in proceedings in trial Courts as a result of Covid-19 restrictions, saying that an Accused individual could not be incarcerated indefinitely.

The Court observed that if the aforesaid report is accepted on its face value, then inference may be drawn that the trial court is unable to proceed with the trial on account of the COVID-19 situation. If the trial court is unable to proceed with the trial then there may not be any logical reason to keep the accused under judicial custody inasmuch as it appears that the COVID-19 situation is not going to be controlled in days to come.

In-charge Additional District and Sessions Judge/ F.T.C.-I, Gonda has submitted a status report dated 5.11.2020, which clearly indicates that the charge has already been framed on 26.3.2019.

In view of the same, the bench posed a query earlier than the state lawyer as to whether the liberty of the accused could also be curtailed when the trial courts are unable to proceed the trial.

The High Court stated,

"The accused person is languished under judicial custody for the reason that the trial be conducted and concluded at the earliest but if the situation is otherwise, as aforesaid, the counsel for the State has to address the Court on the next date as to what course the Court should adopt because, for want of logical explanation for not conducting the trial, the fundamental right granted to every citizen under Article 21 of the Constitution of India may not be denied.”

The order stated, “AGA may seek specific instructions from the learned trial court as well as from the Law Department of the State of U.P. as to whether in absence of trial, liberty of the accused-applicant may be curtailed, if so, what may be the logical reasons to that effect.”

The matter will be next heard on December 7, 2020.