‘Curse Worse Than Disease,’ Says High Court While Refusing To Direct Trial Court Of Issuing Notice To Victim In Criminal Case

The High Court refused to direct the trial court in the national capital to mandatorily issue notice to the complainant or victim at the pre-trial stage in a criminal case. The court said that if such a suggestion was accepted, it would serve as ‘a cure worse than the disease’.

A division bench of Acting Chief Justice Manmohan Singh and Justice Manmeet Pritam Singh Arora said such a direction was likely to cause avoidable and unwanted delays in trials and was likely to work against the objective of speedy trials.

No law to issue notice to victim at pre-trial stage

The bench said there is no order in law which compels the criminal court to issue a notice to the complainant/victim at the pre-trial stage. We are unable to accept the suggestion of the petitioner that it should be made mandatory for the criminal court to issue notice to the complainant/victim at every stage of pre-trial and trial in criminal proceedings.

The bench was hearing a PIL filed by lawyer Vivek Kumar Gaurav, seeking direction to all district courts or police stations to provide a copy of the charge sheet or final report to the complainants free of cost.

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Bench disposed the plea

The plea also sought direction to the district courts to issue notices to the complainants at the time of taking cognizance so as to enable the victims to exercise their right to be heard and participate in the pre-trial criminal proceedings.

Disposing of the petition, the bench said that the Delhi High Court rules make it clear that a party to a criminal case is entitled to obtain copies of the records of the case on filing an application.

The bench noted that the Central Government has already issued directions to all States and Union Territories to implement the SOP, which states that victims of sexual offenses (women and children) shall be provided a copy of the charge sheet without any cost. A copy will be provided.