Here is a Supreme Court Judgment on a Right To A Speedy Trial
Right to Speedy Trial
“The accused in these cases might have been on bail – but the injustice of pendency of trial for long periods is the uncertainty and the concomitant anxiety suffered by the under-trial. The under-trial is inhibited in making future plans for his life or executing present ones due to the uncertainty which pendency of trial brings. His confidence starts to erode and at the end of the trial, even if he is honourably acquitted, the scars of the long trial remain. He feels condemned despite the acquittal.”
A person could be innocent, yet he may suffer confinement or anxiety or both because judicial system fails to reach a verdict for many years. The delay could be due to tardy investigation by the police. Then courts have built up huge arrears of undecided cases – which coupled with the fact that the number of courts is also quite less – ensures that every case has to wait for years for decision. Rules of procedure under the Code of Criminal Procedure and the Indian Evidence Act do not help the situation either. Most of these rules, framed by the British for a colonial administration have been retained in their letter as well as spirit, regardless of the altered circumstances.
Article 21 of the Constitution assures that one is not to be deprived of his life or personal liberty without following the due procedure, established by law. Now the point is – if the established procedure or its infrastructural framework itself results in the delay, how and what does the accused do?. One method could be to interpret Article 21 to include right to speedy trial which our Supreme Court has done many times.
The right to a speedy trial includes those with lengthy police investigations:
Here are some relevant judgments:
Also check out this blog: 498A Book Of Knowledge
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This is the correct way of implementing law. The person who approaches the Courts should be given justice and not his or her sons/daughters or grand sons/daughters. Unfortunately, the practical position is that in most of the Civil matters, the cases takes from 10 years to unlimited period. Ram Janam bhoomi case is an eye opener.
mr. avinash tendering justice is not a child’s play. your language is showing that you are not much more aware with procedural law. a number of learned jurists have set this procedure. procedure is the best and correct. nobody is having any maigical stick to know who is guilty and wrong. such kind of haste may cause higher chances of injustice. first u have to study the technicalities than say like this.
Justice should be dispensed the same day or at the most in a month or two. At least the cases should be registered after checking of the merits of the case and documents filed. Parties who file frivolous cases should be punished suitably.
speedy trial should be in time and it is a fundamental right. purpose of speedy trial is to safeguard to innocent from undue punishment