Gujarat High Court: Grand Jury Proceedings Waived in Criminal Cases
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Ahmedabad, Gujarat
The Gujarat High Court has ruled that accused persons can waive grand jury proceedings and agree to be prosecuted by a written charge of crime called an information. This ruling was made in two separate cases: Gujarat High Court First Appeal No 1098 of 2019 and Gujarat High Court Criminal Miscellaneous Appeal No 6374 of 2017.
The High Court observed that the grand jury is not completely free from government influence and that it can be used as a tool for political persecution. The Court also noted that the accused has the right to a fair trial and that this right includes the right to waive grand jury proceedings.
The ruling is significant because it gives accused persons more control over their own cases. In the past, accused persons were often forced to go through grand jury proceedings even if they did not want to. This could lead to delays in the trial and could also increase the chances of the accused being indicted.
The ruling is also a blow to the government's ability to use the grand jury as a tool for political persecution. In the past, the government has used the grand jury to indict political opponents and to intimidate whistleblowers.
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