Summoning any person as accused leads to transgression of his personal liberty which leads him to undergo criminal trial, therefore, courts must be vigilant and cautious in applying judicial minds in issuing summons, a Delhi court has said.
“Summoning anyone to face a criminal trial does affect one’s liberty which has been considered as the most fundamental right of an individual and is enshrined in the Constitution of India. To protect and safeguard the most basic of all the fundamental rights, the trial court is under an obligation to carefully scrutinise the complaint and other material on record...” Special CBI judge Kanwal Jeet Arora said.
The court made the observation while setting aside the summons issued to a woman on the complaint of a shopkeeper for the offences of voluntarily causing hurt and criminal intimidation in 2012.
The court also set aside the order of summons issued to two other men in the same case for offences of voluntarily causing hurt but upheld the summons issued for criminal intimidation.
The three persons had been summoned by a magisterial court on the complaint of one Satender against his two sons alleging that they had cut open the shutter of his shop in December 2011 and threw the articles away and that they had misbehaved with him on many occasions.
The Sessions court, however, noted that there was no pre-summoning evidence against the woman who had been summoned by the magisterial court.
Here, it said: “Administration of criminal justice system is based on established legal principals leaving no space for any assumptions or presumptions to creep in. The court is required to adjudicate on the basis of actual acts and actions complained of, by the complainant or his witnesses in their deposition, without inserting its own inferences therein.”