Seeking monitoring of high court in criminal trial

Dear Client,
An accused in a criminal case can potentially seek monitoring of the trial under Section 482 of the Code of Criminal Procedure (CrPC), that grants the High Court inherent powers to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice. The High Court has wide discretion in deciding whether to exercise its powers under Section 482 Cr. PC, and it must be convinced that there is a compelling reason to interfere with the trial proceedings. It's crucial to understand that monitoring a trial under Section 482 is not a standard procedure and is only invoked in exceptional cases where the accused can establish a clear violation of their rights or an abuse of the court's process. In the landmark case of State of Haryana and Ors. vs Bhajan Lal and Ors. the Hon’ble Supreme Court laid down the categories of cases where the inherent powers under Section 482 Cr. PC could be exercised stating that he inherent power of the High Court must be exercised to secure the ends of justice and to prevent abuse of the process of any court.

Dear Sir,

The Supreme Court in Vineet Narain v. Union of India [(1998) 1 SCC 226] held that courts can monitor investigation and prosecution in exceptional cases of public importance.

High Courts have allowed monitoring when:

The accused is facing prejudice due to prolonged or biased proceedings.

There is a failure to conduct fair and speedy trial.