This article has been written by Akalya Shanmugam, a student of Government Law College (Coimbatore),Tamil Nadu Dr. Ambedkar Law University,
INTRODUCTION:
“Speedy trial” is an important principle in the criminal justice system, and it is enshrined in the Indian Constitution in Article 21, which states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This means that the state is obliged to provide a fair and timely trial for anyone who is accused of a crime.
HISTORY :
The concept of a speedy trial has a long history in India, dating back to ancient times. The principle of a fair and timely trial was recognized in the traditional legal systems of India, such as the Dharma-shastras, which were ancient texts that laid out codes of conduct and laws for Hindu society. The Arthashastra, an ancient Indian treatise on statecraft, also emphasized the importance of a fair and prompt trial in the administration of justice.
During the British colonial period, the Indian legal system was heavily influenced by British law and the concept of a speedy trial was incorporated into the Indian Penal Code and Code of Criminal Procedure, which were modeled after their British counterparts.
After India gained independence in 1947, the Indian Constitution was adopted, which included the right to a fair trial and personal liberty under Article 21. The Code of Criminal Procedure was also amended to include specific provisions for the investigation, prosecution, and trial of criminal cases, with the aim of ensuring a fair and timely trial for accused persons.
REASONS FOR THE DELAY :
One notable case that highlighted the issue of delays in the Indian justice system is Hussainara Khatoon v. State of Bihar (1980). In this case, the Supreme Court of India held that prolonged detention without trial violates the right to a speedy trial and is a violation of Article 21. As a result of this case, the court ordered the release of thousands of undertrial prisoners who had been awaiting trial for extended periods of time.
In Suk Das v. Union Territory of Arunachal Pradesh (1986), the Supreme court has reiterated that right to speedy trial is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution and the state is under an obligation to ensure that trials are completed expeditiously.
In Hussainara Khatoon v. State of Bihar (1980) and Suk Das v. Union Territory of Arunachal Pradesh (1986) the court has laid down the principle that the state has an obligation to ensure that trials are completed expeditiously and that prolonged detention before trial is violative of the right to a speedy trial, which is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.
However, despite these judgments, delays in the Indian justice system continue to be a problem. Factors such as
Overburdened court system: India has a large population and a large number of pending cases, which puts a significant strain on the court system. This leads to delays in the hearing of cases, and a backlog of pending cases.
Shortage of judges: India has a shortage of judges, which means that there are not enough judges to hear all of the pending cases. This contributes to delays in the judicial process.
Lack of infrastructure: Many courts in India lack the necessary infrastructure and resources to effectively manage the large number of pending cases. This can lead to delays in the hearing of cases.
Prolonged investigation: The investigation process in India can often be prolonged due to lack of resources, leading to delays in the filing of charges and the start of trial.
Prolonged pre-trial detention: Many undertrial prisoners in India are held in custody for extended periods of time before their trial starts, violating the right to speedy trial.
Lack of legal aid: Many defendants in India are not able to afford legal representation and rely on legal aid provided by the government. However, the legal aid system in India is often inadequate, leading to delays in the trial process.
Witnesses : Witnesses not appearing in court, not cooperating with the prosecution, or not being able to identify the accused, also causes delays in the trial process.
Lack of technology: Indian court system is still mostly paper-based and lacks the advanced technology that could help speed up the process.
Corruption: Corruption among law enforcement and judicial officials can also contribute to delays in the judicial process, as well as a lack of confidence in the justice system.
PREVENTIVE MEASURES:
There are several measures that can be taken to prevent delays in the Indian justice system and ensure the right to a speedy trial:
Appointment of more judges: Increasing the number of judges in the court system can help reduce the backlog of pending cases and speed up the judicial process.
Improving infrastructure: Providing courts with the necessary infrastructure and resources, such as better computer systems and courtrooms, can help improve the efficiency of the court system.
Streamlining the investigation process: Measures can be taken to speed up the investigation process, such as increasing the number of police officers and forensic experts, and using technology to gather evidence.
Time-bound trial: Setting time-bound trial by the courts can help ensure that cases are heard and disposed of in a timely manner.
Legal aid: Improving the legal aid system in India and increasing access to legal representation can help ensure that defendants are able to receive a fair trial.
Witness protection: Providing witness protection program to the witness can ensure their safety, and prevent them from not appearing in court or not cooperating with the prosecution, to avoid delays in the trial process.
Technology: Implementing advanced technology such as video conferencing, e-filing, and online case management systems can help speed up the court process and reduce delays.
Judicial accountability: Implementing measures such as regular performance evaluations and disciplinary action for judges who are found to be delaying cases can help ensure accountability and reduce delays in the court process.
Public education: Educating the public about their legal rights and the court process can help increase public awareness and understanding of the justice system, and reduce delays in the court process.
CONCLUSION:
In recent years, the Indian judiciary has emphasized on the need to provide a speedy trial to the accused and has directed the government to set up fast track courts to clear the backlog of pending cases.The right to a speedy trial as an integral part of the right to life and personal liberty and has laid down guidelines to determine whether a trial is “speedy” or not. The court has also emphasized on the need to provide a speedy trial to the accused and has directed the government to set up fast track courts to clear the backlog of pending cases.
REFERENCES:
1.Indian Constitutional Law, M.P. Jain, LexisNexis Publication.
2.Introduction to the Constitution of India, Dr. Durga Das Basu, 20th Edition Reprint 2011, LexisNexis Butterworths Wadhwa Nagpur Publication.
3.Constitutional Law, Mamta Rao, Eastern Book Company, Lucknow
4. https://www.legalservicesindia.com/article/571/Constitutional-Right-to-Speedy-Trial.html
5. https://indiankanoon.org/doc/1373215/
6. https://indiankanoon.org/doc/765136/
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