B.P.JEEVAN REDDY, G.N.RAY, N.M.KASLIWAL, P.B.SAWANT, K.N.SINGH
Abdul Rehman Antulay etc. etc. – Appellant
Versus
R. S. Nayak – Respondent
JUDGMENT
B.P.Jeevan Reddy,J- It is more than 12 years since this court declared in Hussain Ara Khatoonl that right to speedy trial is implicit in the broad sweep and content of Article 21. Many a decision thereafter re-affirmed the principle. There has never been a dissenting note. It is held that violation of this right entails quashing of charges and/or conviction. It is, however, contended now before us that no such fundamental right flows from Article 21. At any rate, it is argued it is only a face of a fair and reasonable procedure guaranteed by Article 21 and nothing more. It is also argued that violation of this right does not result in quashing of the charges and/or conviction. It is submitted that the right if at all there is one, is an amorphous one, a right which is something less than other fundamental rights guaranteed by our Constitution. On the other hand, proponents of the right want us to go a step forward and prescribe a time limit beyond which no criminal proceeding should be allowed to go on. Without such a limit, they say, the right remains a mere illusion and a platitude. Proponents of several viewpoints have put forward their respective contentions. We had th
First Hussain Ara Khatoo’s case
Second Hussain Am Khatoons case
Third Hussainara Khatoons case
State of Bihar v. Uma Shankar Kctriwaland others
State of Maharashtra v. Chamtala1 Punjaji Shah
T.V.Vatheeswaran v. State of TamilNadu
Raghubir Singh and others v. State of Bibar
Rakesh Saxena v. State through CBI
T.J. Stephen and others v. Parle Bottling Co (P) Limited and others
Diwan Naubat Rai and others v. State through Delhi Admn. and another
Manchander v. State of Hyderabad. 1955 (2) SCR 524.
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