The philosophy of Right to Speedy trial has grown in age but its goals are yet unforeseen. Right to Speedy trail is a concept which deals with disposal of cases as soon as possible so as to make the Judiciary more efficient and trustworthy. The main aim of Right to Speedy trial is to inculcate Justice in the society. It is the human life that necessitates human rights. This right is implicit in article 14, 19(1) (a) and 21 of the constitution as well as the Code of Civil Procedure in India.
Taught in all LLB college in Kolkata, it is the constitutional obligation of the Government to devise such procedures as would ensure and implement speedy trial. Supreme Court being majestic authority has to act as guardian of fundamental rights of citizens
The major reasons for delays in trial can be enumerated as follows:
- The first and the biggest problem is the delay in disposition of cases. Due to huge pendency, the cases take years for its final disposal, which would normally take few months time.
- The judge – population ratio – presently taking into consideration the population of the country and pendency of the cases the no. of judges available are very less.
- The infrastructure of the lower courts is very poor throughout the country. Though, the Supreme Court and High Courts are having good infrastructure but this is not the same position with lower courts. The Courts have no convenient building or physical facilities due to which it takes more time to dispose off a case. Good library, requisite furniture, sufficient staff and reasonable space are the need of the qualitative justice and most of these facilities are not available in lower courts.
- Due to the Independence of Judiciary, some Judges think that they are not accountable to any one due to which many times this factor could drive judges towards ignorance ultimately results in delay of the cases.
- Provision for adjournment: The main reason for the delay in the cases is the adjournment granted by the court on unreasonable grounds.
- Vacation of the court: The reason with providing courts with a vacation period also leads to further delay of the cases especially in country such as India where there are tremendous amount of pending cases. In most of the countries like U.S. and France there is no such provision.
- Investigative agencies generally delay: The Investigation agencies such as Police also play a role in Delay of cases. Many a times Investigation agencies take time to file up charge sheet in the court due to which delay occurs
In Hussainara Khatoon v. State of Bihar which formed the basis of the concept of the Speedy Trial, it was held that where under trial prisoners have been in jail for duration longer than prescribed, if convicted, their detention in jail is totally unjustified and in violation to fundamental rights under article 21.
Then in the case Katar Singh v. State of Punjab it was declared that right to speedy trial is an essential part of fundamental right to life and liberty.
In the case Abdul Rahman Antulay v. R.S. Nayak, the bench declared certain aspects and guidelines regarding the speedy trial and quashing of cases should depend upon nature of the case.
As taught in all LL.B colleges in Kolkata, “Justice delayed is justice denied” is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. Thus, this principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution.
