Allahabad High Court Slams Prayagraj Trial Court for ‘Victimising’ 73-Year-Old Accused in 20-Year-Old Case; Orders Trial Completion in One Month

By Rajesh Pandey

In a strongly worded order, the Allahabad High Court has reprimanded a Prayagraj trial court for its lethargic handling of a two-decade-old criminal case, noting that a 73-year-old man has been unjustly burdened due to endless adjournments and the prosecution’s failure to produce even a single witness in thirteen years.

Justice Vivek Kumar Singh, hearing a petition filed by Shrish Kumar Malviya, held the trial court accountable for dereliction of duty.

“The judiciary, like all other organs of the state, is accountable to the people. The presiding officer must recognize his responsibility toward the common man,” the court observed.

The High Court directed the trial court to conclude the proceedings within one month, warning that failure to do so would invite disciplinary action.

Malviya has been facing prosecution under Section 129 of the Representation of the People Act, 1951, since 2005 — an offence carrying a maximum sentence of six months.

Yet, the trial has lingered for twenty years.

After reviewing the lower court’s order sheet, the High Court noted that while the accused has consistently appeared for hearings over the past thirteen years, the prosecution has not produced a single witness.

The court called this a “serious matter,” stating that the senior citizen has effectively been victimized by a system marked by “lethargy” and routine adjournments.

The order also criticized the trial court for ignoring repeated directions from both the High Court and the Supreme Court to prioritize and conclude old cases.

Reiterating the constitutional importance of a prompt judicial process, the bench stated: “The right to a speedy trial is a fundamental right.

Delay in investigation or in court proceedings equally violates this right.”

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