SC: Right to Speedy Trial Is a Fundamental Right

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:

• SC: Right To Speedy Trial Includes Lengthy Police Investigations

Here are some relevant judgments:

• Hussainara Khatoon v. State of Bihar
• Raj Deo Sharma v. State of Bihar

Also check out this blog: 498A Book Of Knowledge

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SC Judgment On Custodial Deaths

Here is a judgment on Custodial Deaths.

The Supreme Court has consistently reiterated the importance of Article 21 Of our cherished Constitution.

“Fundamental rights occupy a place of pride in the India Constitution. Article 21 provides “no person shall be deprived of his life or personal liberty expect according to procedure established by law”. Personal liberty, thus, is a sacred and cherished right under the Constitution. The expression “life of personal liberty” has been held to include the right to live with human dignity and thus it would also include within itself a guarantee against torture and assault by the State or its functionaries. ”

Each time a person is arrested under 498A without any investigation, the arresting officer is breaking the law of the land.

Here is the judgment: SC Judgement On Custodial Death

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Supreme Court Judgments On Bail

Here is an editorial in the Hindu. I’ve found one judgment mentioned in this article.

Here is the link :
http://www.hinduonnet.com/2003/10/23/stories/2003102300411200.htm

This one of the judgments. I strongly recommend reading it as contains a lot of info.

Here is the link: SC Judgement on Bail 2002

Here is the SC landmark judgment on bail:

• SC Judgement On AB (Full)
• Supreme Court Landmark Judgment On Anticipatory Bail (Summary)

These are important judgments. I recommend reading them.

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