Introduction:

The Delhi High Court recently addressed a Public Interest Litigation (PIL) filed by lawyer Vivek Kumar Gaurav, advocating for mandatory notice to complainants or victims in criminal cases at the pre-trial stage. The division bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, deliberated on the implications of such a directive, ultimately refusing to mandate it. The PIL also sought free distribution of chargesheets to complainants and victims. The court’s decision stems from a careful examination of existing legal provisions and statutory mechanisms governing victim participation in criminal proceedings.

Arguments of Both Sides:

Vivek Kumar Gaurav, representing the petitioner, pressed for mandatory notice to complainants or victims at the pre-trial stage, emphasizing their right to be heard and participate in criminal proceedings. The petitioner also advocated for free distribution of chargesheets to ensure equitable access to legal documents. On the other hand, the respondents, represented by counsel Mr. Anurag Ahluwalia and Mr. Shivam Sachdeva, argued against the imposition of mandatory notice, highlighting potential delays in trials and the absence of statutory mandate for such a requirement. They emphasized the adequacy of existing mechanisms for victims to obtain copies of legal documents and participate in proceedings.

Court’s Judgment:

The Delhi High Court, after careful consideration, declined to direct trial courts to issue mandatory notice to complainants or victims at the pre-trial stage. The bench emphasized that there is no statutory obligation for such notice and that imposing it could lead to avoidable delays in trials, contrary to the objective of expeditious justice delivery. Additionally, the court noted the availability of mechanisms under the Delhi High Court Rules and directives from the Union Government to provide copies of chargesheets to victims, particularly in cases of sexual offences. The judgment underscored the Supreme Court’s recognition of victims’ right to be heard and participate in criminal proceedings, ensuring fair and effective hearings.