On who is to blame for delay in trial?
Appearing for Sisodia today, Senior Advocate Dayan Krishnan pointed out that the trial against the Aam Aadmi Party (AAP) leader is unlikely to start soon.
“The investigation in both cases is still going on. Arrests are still going on in this … There is absolutely no progress in this trial. In fact, we have not even reached the stage of trial,” Krishnan argued.
The senior lawyer further contended that some of the applications referred to by the trial court judge as efforts by Sisodia to delay the trial were filed by ED and other co-accused.
“I am showing all this to show the complete non-application of mind by the trial court judge. Where does the trial court judge get that all of us are sitting in Tihar jail and conspiring to delay the trial?” Krishnan went on to add.
He also alleged that it was the ED that had acted to delay the trial.
“Right in the middle of proceedings, 500 pages document is sought to be inserted … Now there is a sixth supplementary complaint but what does that court discuss? That I am filing the applications,” Krishnan said.
Senior advocate Mohit Mathur made submissions for Sisodia as well, while focusing on the CBI case against him.
“Nowhere has it been explained how I have contributed to the delay. I am sorry to say, but if the learned judge is using the words that ‘they are acting in concert’, is the judge pointing fingers at the counsel or has the judge predetermined his mind that the accused sitting in jail are conspiring? This order (by the trial court) is completely contrary to Article 21 and right to speedy trial,” Mathur argued.
Representing the ED, special counsel Zoheb Hossain, however, countered that the Supreme Court has not limited the trial court’s powers to consider Sisodia’s bail plea on merits.
“The right to speedy trial will one of the factors that the court may consider. The (Supreme Court) order is not an automatic route to bail merely because time is taken to commence the trial,” he added.
He also refuted Sisodia’s claim that any delay in the progress of the case is attributable to the ED.
“More than 250 petitions have been filed in the Delhi excise policy case despite there being only 17 arrests. The IO has effectively been there in the court almost every day. No blame can be put to the prosecution,” Hossain said.
Source: Barandbench
