The right to a speedy trial and expeditious disposal of appeals is a well-recognized facet of the principles of natural justice enshrined in Article 21 of the Constitution of India.

S.S.Saron, J.

1. A Division Bench of this Court vide order dated 19.12.2008 has referred the present case to Full Bench for an authoritative pronouncement. The reference order reads as follows :-

"On November 26, 2008, we had expressed our extreme dismay at the long time the appellants trial had taken before the trial court. We now propose to record some observations on the criminal justice system in the States of Punjab and Haryana and Union Territory, Chandigarh. Our desire is to highlight Dalip Singhs case, make it an example to demonstrate the rickety system we have developed.

2. It would be appropriate to preface our order with a brief chronology of Dalip Singhs trial. He was arrested on July 13, 1998 and charged for murder of his wife Jasbir Kaur by smashing her head with a spade. The occurrence had taken place at 6.30 a.m. on July 13, 1998. FIR 44 was registered under Section 302 IPC at Police Station Machhiwara.

3. After investigation, the report under Section 173 Cr.P.C. was presented to Judicial Magistrate 1st Class, Samrala on September 1, 1998. The case was committed to the Court of Sessions for trial on September 29, 1998. Charge against Dalip Singh was framed on October 27, 1998 to which he pleaded not guilty and claimed trial. The case was adjourned to February 2, 1999 for the recording of prosecution evidence. Therefore. Dalip Singhs trial effectively commenced on February 2, 1999.

4. At the trial, the prosecution examined 14 witnesses, three of whom were examined on affidavits. Therefore, statements of 11 witnesses were recorded and their depositions ran into only 28 pages. The prosecution evidence was finally closed on August 26, 2006, 6-1/2 years were consumed for recording 28 pages of evidence. From the above we can only conclude that the criminal justice system is in complete shambles.

5. No one seems to be in-charge of the criminal justice system. The police blames the prosecution, who blames the defence. The trial judge is over- burdened with work and the accused person, in whose favour there is a presumption of innocence, continues to languish in jail without bail.

6. The Code of Criminal Procedure entitles an accused to be released on bail if trials before Magistrates are not concluded within 60 days from the first date of recording of evidence. This is provided in Section 437 (6) of the Code. An accused person can also be released on bail after 60/90 days where investigation has not concluded, (proviso 2 of Section 167 of Cr.P.C). Article 22 of the Constitution provides that preventive detention or detention without trial cannot be longer than three months unless the case is considered by an Advisory Board.

7. A person detained in custody has many rights. He has also the right to a speedy trial. This right has been recognized by the Supreme Court in a long line of judicial pronouncements [Hussainara Khatoom (I) v. Home Secy. State of Bihar, 1980 SCC (Cri.) 23, Abdul Rehman Antulay v. R.S. Nayak 1992 SCC (Cri) 93, Raj Deo Sharma v. State of Bihar (1988),7 SCC 507, Akhtari Bi (Smt.) v. State of M.P. 2009(1) R.C.R.(Criminal) 802 : 2009(1) R.A.J. 648 : (2001) 4 SCC 355, Bipin Shantilal Panchal v. State of Gujarat and another 2001(1) R.C.R.(Criminal) 859 : (2001) 3 SCC 1, Supreme Court Legal Aid Committee representing Undertrial Prisons v. Union of India 1994 (3) R.C.R. (Criminal) 639, Common Cause a Registered Society through its Director v. Union of India 1996 (2) R.C.R. (Criminal) 419, Raj Deo Sharma v. State of Bihar 1998 (4) R.C.R. (Criminal) 206 and 396, Usha Ahuja v. State of Haryana 1999 (4) R.C.R, (Criminal) 52, P. Ramachandra Rao v. State of Karnataka 2002 (2) R.C.R. (Criminal) 553, and Moti Lal Saraf v. State of Jammu and Kashmir and another 2006 (4) R.C.R. (Criminal) 637,]

8. On November 26, 2008, we had asked the Advocates General of Punjab and Haryana to assist the Court. Today, the learned Additional Advocate General, Punjab has filed before us lists of undertrials lodged in Central/