SC: HC cannot override the directions given by the Apex Court on the Judicial side through general guidelines

Aug 15, 2020
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By Weindrila Sen-

The three-judge bench of the Hon’ble Supreme Court of India has called a Trail Court in Madhya Pradesh for not completing the trial in a rape case, which was ordered to be done within six months. The Trial Court while giving its explanation to the bench said that they could not hear the matter as only urgent matters were heard amid the Covid-19 crisis as per the guidelines of Madhya Pradesh High Court. 

The three-judge bench comprising Justice AM Khanwilkar, Sanjiv Khanna, and Dinesh Maheshwari rejected the explanation given by the Trial Court and stated that all are expected to comply and follow the directions given by the Supreme Court without any delay.

The bench said “in our opinion, is unacceptable. For, general guidelines issued by the High Court cannot override the direction(s) given by this Court on the judicial side in the given case, which the concerned Court(s) and all concerned are expected to comply with without any demur in its letter and spirit unless relaxed by this Court”.

The matter was regarding Ankit Maheswari, an accused of sexually assaulting and kidnapping a 15-year old. After the rejection of the bail plea by the Madhya Pradesh High Court, the accused approached the Apex Court. Refusing to interfere in the matter, the Top Court directed the Trial Court to wrap up the matter within six months. Justice Khanwilkar and Maheshwari were part of the bench giving the direction to the Trial Court.

The bench has now directed the Trial Court to conclude the matter within December 2020 and submit the same report to the SC Registry. The SC Registry is also asked to forward the present order to the High Court for appropriate action.

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