SC: Right To Speedy Trial Includes Lengthy Police Investigations

The SC had declared that the right to a speedy trial is a fundamental right. You can read about that here:

In this judgment from 2008, they brought lengthy police investigations under the purview of this right. This judgment assumes significance in 498A cases, including mine.

The gist of this judgment is that:

“It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal persecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated above, and determine in each case whether the right to speedy trial has been denied in a given case. Where the court comes to the conclusion that the right to speedy trial of an accused has been infringed, the charges or the conviction, as the case may be, may be quashed unless the court feels that having regard to the nature of offence and other relevant circumstances, quashing of proceedings may not be in the interest of justice. In such a situation, it is open to the court to make an appropriate order as it may deem just and equitable including fixation of time for conclusion of trial.”

Here is the judgment: SC: Right To Speedy Trials Includes Lengthy Police Investigations-2008

Click the link below for a judgment in a case that dragged on for 8 years until everyone involved became exhausted, compromised and wrapped it up. Here is the link: Subu Vs Jayanthi

Here is an excerpt of the news coverage:

Dhananjay Mahapatra | TNN

New Delhi: In a significant enlargement of the scope of ‘right to speedy trial’, the Supreme Court has ruled that it applied not only to snail-paced trial court proceedings but also to lengthy police probes. This means if the police drag on an investigation without producing prima facie evidence, the accused would now have the right to move court for quashing the FIR. “It is well settled that the right to speedy trial in all criminal prosecutions is an inalienable right under Article 21 (right to life) of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigation as well,” a bench of Justices C K Thakker and D K Jain said in a recent judgment. This ruling would be applicable to cases pending before the police, CBI, DRI, income-tax and customs authorities as the court clarified that the right to speedy trial, now equally applicable to trial court proceedings as well as police investigations, extended to “all criminal persecutions and is not confined to any particular category of cases”. This clarification assumes significance as the higher courts have always treated lightly the complaints of harassment from those accused of petty offences while giving attention only to prominent cases or those involving heinous crimes.

Justice Jain, writing the judgment for the bench, said: “In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances and determine in each case whether the right to speedy trial has been denied in a given case.” And if the accused is able to prove that his right to speedy trial had been a casualty in the lengthy trial or long pending investigation, the higher courts could quash the case and even the conviction recorded by the lower courts, the bench said.

But, the ruling came with a rider saying that even if there was inordinate delay in the trial or police probe, the case might not be quashed if the court came to the conclusion that doing so would not be in public interest.

_____________________________________________

Advertisements

2 Responses to “SC: Right To Speedy Trial Includes Lengthy Police Investigations”


  1. 1 www.linkedin.com May 24, 2014 at 11:27 pm

    It’s nearly impossible to find well-informed people on this subject, but
    you seem like you know what you’re talking about! Thanks

    Like

  2. 2 Kareem September 20, 2014 at 3:01 pm

    Hello would you mind letting me know which hosting company you’re utilizing?
    I’ve loaded your blog in 3 completely different internet browsers and I must say
    this blog loads a lot faster then most. Can you suggest a good web
    hosting provider at a reasonable price? Many thanks,
    I appreciate it!

    Like


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 3,095,328

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
August 2008
M T W T F S S
« Jul   Sep »
 123
45678910
11121314151617
18192021222324
25262728293031

%d bloggers like this: