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Home > Articles > Constitutional Law > The Right to Speedy Trial
By : SANJAY DIXIT on 12 May
2008



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The Right to Speedy Trial
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The Right to Speedy Trial
IN A judgment with profound implication, the
apex court has positively reiterated that just
and reasonable procedure implicit in Article 21
of the Constitution creates a right in the
accused to be tried speedily.
The right to speedy trial is not expressly
guaranteed constitutional right in India. Speedy
trial is the essence of criminal justice and delay
in trial by itself constitutes denial of justice. ``Pendency for long
periods operates as an engine of oppression,'' said the Supreme
Court in a 1996 decision and issued directions to criminal courts
to protect and effectuate the right to life and liberty of the citizen
(1996) MLJ (Cri) P549. It is interesting to note that in the United
States speedy trial is one of the constitutionally guaranteed rights.
A crying shame
The Supreme Court in Kadra Pehadiya vs. State of Bihar - 1981
Cr.L.J. 481 - held ``It is a crying shame upon our adjudicatory
system which keeps men in jail for years on end without a trial.''
The court in a compassionate expression observed ``... no one
shall be allowed to be confined in jail for more than a reasonable
period of time, which we think cannot and should not exceed one
year for a session trial ... we fail to understand why our justice
system has become so dehumanised that lawyers and judges do
not feel a sense of revolt at caging people in jail for years without
trial.''
Another question that arises for consideration is whether it is
legally permissible to dispose of the appeal on merits on perusal
of the available part of records. The procedure contemplated
under sections 385(2) and 386, Cr.P.C. makes it obligatory for the
court to peruse the records and hear the parties before deciding
the appeal. But the appellate court has inherent power to
reconstruct the record of the court from which an appeal lies to it.
The felt necessities in the branch of criminal law are (a)
avoidance of delay, (b) simplicity of procedure, (c) fair deal to
the poorer sections of society and of course a fair trial in every
case according to the principles of natural justice.
It is not always easy to keep strictly to the line of procedure
prescribed and irregularities occur now and then in the trial of
cases. But the Code provides that no error, omission or
irregularity in a trial shall vitiate a finding unless it has occasioned
failure of justice (sections 464, 465). The lower court system in
India is locked in a spiral of ineffectiveness, infested with
extreme delay and inefficiency. But the Supreme Court and the
High Courts bypass the adversarial system and unilaterally
investigate abuses that are brought to their attention.

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investigate abuses that are brought to their attention.
Despite infirmities in the system, the Judiciary as a whole enjoy a
higher degree of trust than other branches of the government.
Higher courts move fairly fast and are seen as helping the poor
and disadvantaged against abuse of power. The apex court called
upon the lower courts to show greater sensitivity in rape cases
and wanted evidence to be appreciated, not being carried away
by insignificant contradictions. The court laid down the
conditions to be observed in cases of arrest or detention and
called upon the States to submit periodic reports.
Separate cadre
Separate cadre of investigation agency enjoined with the
responsibility of production of witness, production of accused
and assisting the prosecuting agency will facilitate speedy trial.
The lack of coordination between the investigating and the
prosecuting agencies should be rectified. In cases of offences
compoundable by the agreement of the parties, the proceedings
may be terminated by recording the compromise and the accused
be released. The Cr.P.C. should empower the investigating officer
to compound offences which are compoundable. The concept of
plea bargaining should be applied in offences which impose
punishment of imprisonment of less than seven years and/or fine
including the offences covered by section 320 of Cr.P.C. It has
been said that a law court is not a cathedral but a casino where
much depends on the throw of dice, but slowly the higher courts
in the country are brushing aside the view that law is the end-
product of technicalities.
The need to fill up vacancies of judges is essential and the
judgment is significant in another aspect namely the reiteration
that appeal is a statutory right and that the trial court's verdict is
not final during the pendency of appeal. Appeal is rehearing and
therfore the accused trial is deemed to be continuing. This will set
at rest many controversies being raised by rival political leaders.
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