JUDGEMENT
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(1.)Before adverting to the merits of the appeal, I propose to deal with the shocking state of affairs prevalent in some High Courts as brought to our notice by the learned Counsel for the appellants. The dismal picture depicted before us on the basis of the facts of these appeals is that a few Judges in some High Courts, after conclusion of the arguments, keep the files withheld with them and do not pronounce judgments for periods spread over years. In the present appeals, the arguments were concluded and judgment was reserved by the High Court on 23-8-1995 which was pronounced on 14-8-1997.
(2.)The inordinate, unexplained and negligent delay in pronouncing the judgment is alleged to have actually negatived the right of appeal conferred upon the convicts under the provisions of the Code of Criminal Procedure. It is submitted that such a delay is not only against the provisions of law, but in fact infringes the right of personal liberty guaranteed by Art. 21 of the Constitution of India. Any procedure or course of action which does not ensure a reasonable quick adjudication has been termed to be unjust. Such a course is stated to be contrary to the maxim actus curiae neminem gravabit, that an act of the Court shall prejudice none.
(3.)The prevalence of such a practice and horrible situation in some of the High Courts in the country has necessitated the desirability of considering the effect of such delay on the rights of the litigant public. Though reluctantly, yet for preserving and strengthening the belief of the people in the institution of the judiciary, we have decided to consider this aspect and to give appropriate directions.
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