HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Nathi Devi, W/o. Shri Ram Chandra – Appellant
Versus
State of Rajasthan, through Public Prosecutor – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
Pendency of criminal trials for decades severely hampers the justice administration system by violating the fundamental right to a speedy trial. This failure erodes public trust, causes human rights violation and undermines the Rule of Law. This systematic failure has profound and far reaching negative impact on victims, accused persons and the Society at large.
The adage “Justice delayed is justice denied” is particularly relevant for prolonged delays causing citizens to lose faith and confidence in the justice administration system to delivery timely and effective justice.
The right to a speedy trial is an integral part of the right to life and personal liberty, as guaranteed under Article 21 of the Indian Constitution. Decades long pendency of cases is a direct violation of this right.
As cases drag on, evidence can be lost, witnesses may become untraceable, hostile or they may even forget crucial details about the case. It severely impacts the ability to present evidence and also weakens the case of both the prosecution and defence. This affects the fairness and quality of the judgment as well.
When the judicial process becomes slow, due to prolonged abs
Prolonged delays in criminal trials violate the right to a speedy trial under Article 21, undermining justice and public trust.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial infringes on personal liberty.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial under Article 21 is fundamental, and prolonged pre-conviction detention without trial is a violation of personal liberty and justice principles.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged detention without trial is a violation of this right, necessitating the grant of bail i....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, ensuring that no accused is unjustly detained for prolonged periods without trial.
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