60. Secondly, regarding the conduct of the Parties, the Court observes that
during the proceedings, the Applicant fully collaborated with the authorities
and there is no suggestion that he delayed the proceedings. There is no
indication from the record that the Applicant acted in any manner or made
any request that contributed to the delay.
61. Thirdly, regarding exercise of due diligence by the authorities of the
Respondent State, the Court notes that pursuant to Section 32(2) of the
CPA, an accused must be brought before a court as soon as practicable
when the offence is punishable by death.23 Further, Section 244, as read
together with section 245 of the CPA, provides that committal proceedings
should be held as soon as practicable.24 Finally, Section 248(1) of the CPA
provides that proceedings may be adjourned, from time to time by warrant,
and the accused person be remanded for a reasonable time, not exceeding
fifteen (15) days at any one time.25
Section 32(2) – Where any person has been taken into custody without a warrant for an offence
punishable with death, he shall be brought before a court as soon as practicable.
24 Section 244 – Whenever any charge has been brought against any person of an offence not triable
by a subordinate court or as to which the court is advised by the Director of Public Prosecutions in writing
or otherwise that it is not suitable to be disposed of upon summary trial, committal proceedings shall be
held according to the provisions hereinafter contained by a subordinate court of competent jurisdiction.
Section 245(1) – After a person is arrested or upon the completion of investigations and the arrest of
any person in respect of the commission of an offence triable by the High Court, the person arrested
shall be brought within the period prescribed under section 32 of this Act before a subordinate court of
competent jurisdiction within whose local limits the arrest was made, together with the charge upon
which it is proposed to prosecute him, for him to be dealt with according to law, subject to this Act.
25 Section 248(1) – Where for any reasonable cause, to be recorded in the proceedings, the court
considers it necessary or advisable to adjourn the proceedings it may, from time to time by warrant,
remand the accused person for a reasonable time, not exceeding fifteen days at any one time, to a
prison or any other place of security.
Section 248(2) – Where the remand is for not more than three days, the court may, by word of mouth,
order the officer or person in whose custody the accused person is, or any other fit officer or person, to
continue to keep the accused person in his custody and to bring him up at the time appointed for the
commencement or continuance of the inquiry.
23
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