SC reserves verdict on issue of summoning additional accused after pronouncing verdict
Nov 17, 2022
New Delhi [India], November 17 : The Supreme Court on Thursday reserved its judgement on the issue of whether a Lower Court has power to summon additional accused after deciding a criminal case against the others involved.
A five-judge Constitution bench of Justices SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna heard the submissions of counsels appearing for both the parties.
The bench was hearing a plea filed by then Leader of Opposition in the Punjab assembly Sukhpal Singh Khaira challenging the Punjab and Haryana High Court verdict which had dismissed his plea to quash summons issued by a court in Fazilka to appear before it in a 2015 trans-border drug smuggling case.
Those already convicted were arrested by the police on March 9, 2015, along with two kg of heroin, 24 gold biscuits, a country-made pistol, two Pakistani SIM cards and an SUV and they were sentenced to jail for terms varying between three to 20 years on October 31, 2017.
While the trial was going on against 10 accused in the narcotics case, the prosecution had filed an application for summoning five additional accused, including Khaira.
In 2017, the Supreme Court had stayed the trial court proceedings. In 2019, the top court had sent the matter to the Constitution Bench.
It had framed three questions of law on the scope and ambit of section 319 (power to proceed against other persons appearing to be guilty of an offence) of the Code of Criminal Procedure (CrPC).
The three issues framed by the bench included whether the trial court has the power under section 319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended and the verdict of conviction rendered on the same date before pronouncing the summoning order.
Referring the matter to the Constitution bench, the apex court had said it was of the view that the power under section 319 of CrPC being extraordinary in nature, the trial courts should be cautious while summoning the accused to avoid complexities and to ensure a fair trial.
