TV journalist Soumya Vishwanathan murder case Accused seeks Rs 1 crore compensation for delay in trial: Delhi HC

TV journalist Soumya Vishwanathan murder case Accused seeks Rs 1 crore compensation for delay in trial: Delhi HC

TV journalist Soumya Vishwanathan murder case 2018, one of the accused (Baljeet Singh Malik) aggrieved by the unreasonable and inordinate delay in concluding the trial has moved the Delhi High Court seeking Rs. 1 crore as compensation. 
 

A Single Judge Bench of Justice Mukta Gupta yesterday issued notice to the Delhi Police in the petition preferred by the accused advocate Amit Kumar.

 

Soumya was found dead in her car in Vasant Kunj area of South Delhi with a gunshot in her head in the wee hours of September 30, 2008.

 

The accused is facing charges under Sections 303, 201, 489, 420, 468, 471, 411 and 34 of the Indian Penal Code, 1860 as well as Section 3 of the Maharashtra Control of Organised Crime Act, 1999. Apart from the petitioner, there are four other accused in the case.

The petition Invoking the Constitutional Right to Speedy Trial under Article 21, the petition submits,

“..the respondent-state cannot avoid its constitutional obligation by pleading any inability/excuses, as the consequences for pre-trial detention are extremely grave.”

The petiton also relies on Section 309 of the Code of Criminal Procedure, 1973 to state that once examination of witnesses starts, the court has to hold the trial on a day-to-day basis until all witnesses in attendance have been examined.

 

The matter will be next heard on February 26.

 
sSource: LiveLaw Barandbench