Speedy justice is a fundamental tenet of any democratic society, ensuring that
citizens can access justice in a timely manner. In India, the quest for swift
and efficient justice has been a longstanding concern. Over the years, the
Indian judiciary has grappled with mounting case backlogs, procedural delays,
and a lack of resources, which have contributed to a significant delay in the
disposal of cases.
The fundamental human right to pursue Speedy justice is a direct consequence of
the fundamental principles of the criminal justice system, which include:
"Justice delayed is justice denied, justice withheld is justice withdrawn, and
justice should not only be done but should also appear to have been done"
Speedy Trial As A Fundamental Right
Although the right to a quick trial is not expressly listed as a basic right in
the Indian Constitution, however it is extended in article 21 I.e right to life
and personal liberty [1]. This extending is purely a judicial effort. In the
Maneka Gandhi case, Justice Bhagwati observed that- "The term 'personal liberty’
in Article 21 has the broadest scope and embraces several rights that together
make up a person’s liberty; certain of these rights have been elevated to the
level of independent basic rights and are further protected by Article 19.
Balance Between Speedy Trial And Justice and Fairness
"Speedy Trial" implies resolving a case within a "Reasonable Time." However, it
should not be confused with the expedited proceedings observed in situations
like the "Khomeini Trial," where proceedings are conducted secretly and rapidly,
leading to immediate execution without any right of appeal. While the adage
"justice delayed is justice denied" underscores the importance of timely
justice, it's equally vital to exercise caution against excessive speed or
haste, as this would merely replace one problem with another. In essence, we
must strike a balance between ensuring speedy trial and upholding the principles
of justice and fairness.
Landmark Cases Related to Speedy Trial:
Important Cases on Speedy Justice
- Hussainara Khatoon vs. Home Secretary, State of Bihar [2]:
- The judiciary delivered a groundbreaking judgment that emphasized the critical importance of timely justice as an integral element of a fair trial, thereby expanding the scope of Article 21 of the Indian Constitution.
- Excessive delays violate Article 21 of the Constitution, such as when a case drags on for more than 11 years without any progress for no fault of the accused-petitioner.
- State of Bihar Vs Vakil Prasad Singh [3]:
- The court has emphasized the need for speedy investigation and trial as a constitutional protection enshrined in Article 21 of the Constitution.
- Archana Guha Vs Santosh DE V [4]:
- Prosecution was pending against the accused for the last 14 years. Since the accused was not responsible for the delay, the proceedings were quashed.
- In the second appeal, there was an unexplained delay of 8 years, and the court held that it infringed the right to a speedy trial.
- Katar Singh vs the State of Punjab [5]:
- It was declared that the Right to Speedy Trial was deemed to be a crucial component of the fundamental rights to life and liberty.
- Thus, it can be concluded that the Right to a Speedy Trial is the right of the accused and it encompasses all the stages including the investigation, inquiry, trial, appeal, and revision.
Challenges to Speedy Justice
- Case Backlog: India's legal system is burdened with an overwhelming backlog of cases, leading to significant delays in adjudication.
- Procedural Delays: Lengthy and intricate legal procedures contribute to the slow pace of justice delivery.
- Inefficiencies in Case Management: The absence of efficient case management systems, outdated technology, and bureaucratic hurdles further contribute to delays.
- Frequent Adjournments: Courts often grant adjournments on unreasonable grounds, leading to prolonged litigation.
Way Forward to Speedy Justice
- Fast-Track Courts: Establish specialized courts to handle cases requiring urgent attention, such as those involving violence against women, corruption, or heinous crimes.
- Alternative Dispute Resolution (ADR): Encourage mediation and arbitration to resolve disputes outside the traditional court system.
- Clear Timelines: Set reasonable timelines for different stages of the legal process and enforce accountability for delays.
- Reducing Case Backlog: Hire more judges, appoint additional court staff, and invest in infrastructure and technology.
- Simplify Legal Procedures: Streamline documentation requirements and reduce unnecessary adjournments.
- Community Engagement: Promote legal literacy and encourage early dispute resolution at the local level.
Conclusion
"Justice delayed is justice denied"-
William E. Gladstone.
Hence, Speedy Trial is crucial to prevent injustice, unjust imprisonment, and
oppressive treatment of prisoners by providing fair and just trials to all its
citizens. Despite being a fundamental right, the right to a speedy trial
nevertheless needs empirical research and a thorough legal framework to be
effectively applied. It is pivotal to provide every citizen with a life that is
at least somewhat respectable since we live in a civilized society that is
governed by law and a system of rules.
References:
- Sharma DP. Speedy Justice and Indian Criminal Justice System. Indian Journal of Public Administration, 45(3), 356-363, 1999.
- Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Patna on 9 March, 1979
URL: https://indiankanoon.org/doc/498318/
- Vakil Prasad Singh vs State Of Bihar on 23 January, 2009
URL: https://indiankanoon.org/doc/1495505/
- Santosh De vs Archna Guha And Others on 26 August, 1993
URL: https://indiankanoon.org/doc/1621436/
- Kartar Singh vs State Of Punjab on 11 March, 1994
URL: https://indiankanoon.org/doc/631584/
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