New Delhi [India], April 27 : The Delhi Court has taken a serious view of the non-functional ACMM-1 Court at the Patiala House Court. The High Court judge also took note of the adjournment given in half of the cases as no judicial officer is holding the court.
The judge has sought the intervention of the chief justice of the high court in the matter.
Justice Jasmeet Singh said, "Effectively one important Court of ACMM is non-functional. This seems to be an issue which needs urgent intervention as more than 50 per cent of the cases listed before ACMM-01 are simply being adjourned without any effective proceedings."
Justice Jasmeet Singh, after taking note of the matter, directed to place the issue before the Registrar General to bring the same to the Knowledge of the chief justice of Delhi High Court.
"This issue be placed before Registrar General of this Court on the administrative side who may bring this matter to the knowledge of Hon'ble Chief Justice," Justice Singh ordered on April 25.
The high court passed the order while disposing of an application for modification of the order passed on April 13 by the bench.
This matter pertains to conducting an inquiry into an extradition matter pending before the Additional Chief Metropolitan Magistrate (ACMM-1), Patiala House Court.
This matter is pending against fugitive criminal Jose Inacio Cota who is accused of raping a woman in a London Pub in 2017.
On April 13, 2023, the High Court directed the ACMM-01, Patiala House Courts to endeavour to conclude the inquiry as expeditiously as possible and not later than six months from April 13, 2023.
Advocate Arpit Batra counsel for the accused moved an application seeking modification of the order of April 13, 2023, as the ACMM-01 is on maternity leave from March 6, 2023, for a period of six months.
"In this view of the matter, the conclusion of inquiry within six months from April 13, 2023, seems to be not possible. As of now, the inquiry is at the stage of the complainant's evidence," Justice Singh noted.
"For the said reasons, it is directed that the link ACMM shall endeavour to conclude the recording of evidence as expeditiously as possible," the bench ordered.
It was stated by the counsels for Petitioner and the respondent that the earlier ACMM-01 was on maternity leave from January 2023 onwards.
Thereafter, the present ACMM-01 was assigned the roster in February 2023 and thereafter, she is on maternity leave from March 6, 2023.
The bench observed, "Court of ACMM-01 effectively is non-functional for the last four months and is not likely to function for the next four months. The link ACMM-01 will and can only deal with the urgent matters of the ACMM-01."
Thereafter, the court said that the issue needs intervention.
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