Published On: 1st August, 2024
Authored By: Inayat Ahmed
Introduction:
The Right to a speedy trial is not just the right of an accused but the right of every party involved in the case, including the legal representatives. Speedy trials are the essence of the legal system. Prolonged trials and cases usually diminish the importance of justice. It is the fundamental feature of the legal system. The accused has the right to be heard and resolve their case within a reasonable time. Prolonged and lengthy trials can subject the accused to stress and disturbed mental state. Also, the right to a speedy trial helps maintain people’s trust in the legal system. It is based on the famous statement, ‘Justice delayed is Justice denied.’
What is a Speedy trial:
A speedy trial doesn’t simply mean quick or fast hearings. Speedy trials include the entire legal procedure, including information about the crime, the arrest of the accused, the accused’s first appearance in court, the arguments, cross-examinations, and the court’s order/decree/judgment. A speedy trial means minimizing unnecessary delays in a case. A delayed trial can result in a significant loss in the personal and professional life of the accused. Also, it can result in the loss of evidence and witnesses. Often, we see that the evidence in a delayed trial is lost for some reason, such as that it is either destroyed or manipulated. Also, the witnesses change their stance/statements and often forget what exactly happened on the day of the crime.
Right of the accused to a speedy trial:
The accused’s right to a speedy trial is part of the right to a fair trial. The right to a fair trial is an important aspect of the judiciary. It is the fundamental aspect of the rule of law and the principles of natural justice. The right to a fair and speedy trial protects the accused from being exploited by the legal system’s loopholes. The right serves various purposes, such as:
- To ensure that the accused does not remain in prison without trial.
- Prevent any psychological stress and emotional pain for the accused.
- To preserve evidence which usually degrades or is lost/manipulated over time.
- To enhance the credibility of the legal system and judiciary.
- To protect the families and dependants of the accused from being exploited.
Constitutional Provisions:
The Constitution of India lays down the Fundamental rights guaranteed to every citizen of the country. Article 21 of the Constitution guarantees ‘Right to Life and Liberty.’ It has been interpreted by various jurists and in many judgments that the fundamental right guaranteed under Article 21 does not merely mean the right to exist; it does not mean that a person survives like a mere living dead body. It guarantees much more; it guarantees the right to live as they desire, the right to travel, the right to work, and the right to a fair trial.
Article 21: Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.[1]
Provisions under other Indian Laws:
Many other Indian laws have recognized the right to a speedy trial. Laws such as the CrPC, Juvenile Justice Act, and POCSO Act have provisions regarding speedy trials to ensure that the accused does not suffer. The establishment of Fast-track courts has highlighted the importance of speedy trials. The tens of thousands of cases pending in the courts in this country show that the legal system has been failing to prevent the exploitation of the accused and provide timely justice to the people. The introduction of Lok Adalats has also benefitted in disposing of several cases in the country.
Section 309 of CrPC: Power to postpone or adjourn proceedings.-
(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.
(2) If the Court, after taking cognizance of an offence or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted without examining them except for special reasons to be recorded in writing.
Explanation 1.- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Explanation 2.- The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.[2]
International Laws:
Several international laws have recognized speedy trials as an important and fundamental part of the judicial system. Some have defined speedy trial as a human right. International Laws such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the European Convention on Human Rights (ECHR) have all included articles and expressed the importance of speedy trial as a basic human right. They have stated that trials shall be completed within the given time frame and that unnecessary delays destroy the essence of justice.
Famous case laws:
Over the years, the importance of speedy trials has been highlighted in several cases in India. The Writ of Habeas Corpus is the accused’s right to ensure that he/she is presented before the court as early as possible. This is to ensure that the case proceeding begins early so that the court can understand if the accused is actually (prima facie) guilty or if there is any need to arrest the accused. If the proceedings of a case begin early, they can be settled early.
The following are some of the famous case laws where the court highlighted the right to a speedy trial:
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar (1979) 3 SCR 532 (SC):
This landmark case illuminated the judiciary’s failure to provide fair and speedy trials. It also highlighted the number of under-trial prisoners in the country and the effects of such delayed trials.
In 1977, R.F. Rustum, while serving his time in the National Police Commission in the state of Bihar, observed that several under-trial prisoners were locked up in prison for years due to a lack of knowledge or money to present in court or apply for bail. He wrote an article about this, which was published in the newspaper. One of the under-trial prisoners was Hussainara Khatoon. Advocate Pushpa Kapila Hingorani filed a writ petition in the Supreme Court for Hussainara Khatoon and all other under-trial prisoners. The Hon’ble Supreme Court was furious at the state government and judiciary of Biahr for such a treatment of the prisoners. The Court highlighted that every accused has a right to a speedy and fair trial and a right to be represented in the court of law by way of free legal aid.
According to the lists of undertrial prisoners that the State of Bihar submitted to us, the undertrial prisoners whose names are listed in the chart that Mrs. Hingorani filed today have been detained for longer than the maximum amount of time that they could have received a sentence if found guilty. This discloses a shocking state of affairs and betrays a complete lack of concern for human values. It exposes the callousness of our legal and judicial system, which can remain unmoved by such enormous misery and suffering resulting from totally unjustified deprivation of personal liberty. We find it very difficult to comprehend how the State Government could have been unaware for years that these inmates were being held pending trial without even having a trial started. The State of Bihar’s judiciary is also culpable, as it could not have remained ignorant about the thousands of detainees awaiting trial—a trial that never appears to start—while they were held in jail. We notice that these under-trial inmates listed on Mrs. Hingorani’s list have already served longer jail sentences than they would have if found guilty, thus we are at a loss as to how their continuing imprisonment can be justified. They have, in fact, some jail terms to their credit. We, therefore, direct that these under-trial prisoners whose names and particulars are given in the list filed by Mrs Hingorani should be released forthwith as a continuance of their detention is clearly illegal and in violation of their fundamental right under Article 21 of the Constitution.[3]
Recent Case Law:
The Hon’ble Supreme Court recently criticized the National Investigation Agency for delaying the trial for 4 years. The prosecution objected to the grant of bail to the accused, stating that the case was related to a crime under the Unlawful Activities (Prevention) Act 1967. The Supreme Court stated that the nature of the crime cannot be stated as a reason/ground for objection/rejection of bail. And that the 4 years delay in starting the trial is a mockery of the judiciary. – Javed Gulam Nabi Shaikh Vs. State Of Maharashtra
Importance of a speedy trial:
Speedy trials play an important role in the judiciary and in providing justice. The following can be stated as some of the aspects that highlight the importance of a speedy trial:
- A speedy trial is a human right as it prevents the potential exploitation of the accused due to prolonged trials.
- Speedy trials ensure the actual offenders are held guilty and punished for their crimes.
- Speedy trials protect the accused from undergoing the mental trauma of being in prison.
- Speedy trials prevent the exploitation of the families and dependants of the accused.
- Speedy trials restore the people’s faith in the judiciary/legal system/courts.
Conclusion:
Therefore, it is clear that the right to a speedy trial is an important feature of any legal system. It is a fundamental right of the accused to be presented before the court as soon as possible. However, it should be kept in mind that the right to a speedy trial shall not violate the right to a fair trial and the principles of natural justice. The parties to the case shall be heard, and all evidence shall be considered and carefully examined before reaching a judgment. All of this should be considered to determine the reasonable time required to conclude a trial/case. And any unnecessary delays shall be avoided.
References:
https://docs.manupatra.in/newsline/articles/Upload/BA797A43-0B75-4EB2-A2D6-1DA716E0A99E.pdf
https://districts.ecourts.gov.in/sites/default/files/document.pdf
https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure,_1973.pdf
https://ijlsi.com/speedy-trial-a-privilege-overlooked/
https://indiankanoon.org/doc/1373215/
[1] ‘Article 21 in Constitution of India’ <https://indiankanoon.org/doc/1199182/> accessed 15 July 2024.
[2] ‘Power to Postpone or Adjourn Proceedings | Code of Criminal Procedure Act, 1973 | Bare Acts | Law Library | AdvocateKhoj’ <https://www.advocatekhoj.com/library/bareacts/codeofcriminalprocedure/309.php?Title=Code%20of%20Criminal%20Procedure%20Act,%201973&STitle=Power%20to%20postpone%20or%20adjourn%20proceedings> accessed 17 July 2024.
[3] ‘Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Patna on 9 March, 1979’ <https://indiankanoon.org/doc/1373215/> accessed 17 July 2024.
