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1991 Supreme(SC) 713

B. P. JEEVAN REDDY, G. N. RAY, K. N. SINGH, N. M. KASLIWAL, P. B. SAWANT
Abdul Rehman Antulay – Appellant
Versus
R. S. Nayak – Respondent


Advocates:
A.K.SEN GUPTA, A.K.SRIVASTAVA, A.N.SADSIYAR, A.S.BHASME, A.Subhashini, Anip Sachthey, ARUNESHVAR GUPTA, ASHOK MATHUR, B.B.Singh, C.K.BANSAL, D.N.BEVDI, D.N.MUKHERJI, G.B.BHASME, G.RAMASVAMY, Gopal Singh, H.VAHI, K.K.SINHA, K.R.NAMBIAR, KAILASH VASUDEV, KAMINI JAISWAL, KRISHNAMURTHI SWAMI, Kusum Chaudhary, M.GANGDAV, M.N.SHROFF, M.VIRAPPA, N.M.GHATATE, N.V.PRADHAN, NARESH K.SHARMA, P.K.MANOHARAN, P.P.Rao, PRAMOD SVARUP, Pravir Chaudhary, R.D.OVALEKAR, R.K.GARG, R.K.MEHTA, R.L.PANJWANI, R.MOHAN, R.S.Sharma, R.VENKATARAMANA, RAJENDRA BANSI, RAJINDER SACHAR, RAJIV DHAWAN, RANI JETHMALANI, Ranjan Dwivedi, S.K.AGNIHOTRI, S.K.Bisaria, S.K.NANDY, S.V.DESHPANDEY, SHOBHA DIXIT, Sinha, T.V.S.N.Chari, U.R.Lalit, URMILA KAPUR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The right to a speedy trial is recognized as an implicit fundamental right under Article 21 of the Constitution of India, as affirmed through various court decisions (!) (!) (!) (!) .

  • This right encompasses all stages of criminal proceedings, including investigation, inquiry, trial, appeal, revision, and re-trial (!) (!) .

  • The right to a speedy trial is rooted in the principles of fairness, justice, and reasonableness, and must be balanced against other interests, including the nature of the offence, the conduct of the prosecution and accused, and systemic delays (!) (!) .

  • There is no fixed or rigid time limit prescribed for concluding criminal proceedings; instead, courts must assess each case on its own facts, considering factors such as the complexity of the case, volume of evidence, court workload, and reasons for delay (!) (!) .

  • Delay attributable to the prosecution, accused, or systemic/systematic causes can influence whether a trial is deemed unreasonably delayed. Responsibility for delay must be carefully examined before determining if the right has been infringed (!) (!) .

  • The courts have the authority to pass appropriate orders, including quashing proceedings or charges, if delays are unjustifiable and violate the right to a fair and speedy trial (!) (!) .

  • The assertion or failure to assert the right to a speedy trial by the accused is a relevant factor, but the absence of such a demand does not necessarily preclude relief if there has been undue delay (!) (!) .

  • Systemic delays, such as court congestion, unavailability of judges, or procedural delays beyond control, are generally not attributable to either party and may not be grounds for quashing proceedings (!) (!) .

  • The conduct of the parties, including frivolous or dilatory tactics, can impact the assessment of delay and the remedy granted (!) (!) .

  • The procedural law, including statutory provisions, reflects the constitutional guarantee of a right to a speedy trial, and these provisions should be interpreted and applied in a manner consistent with fairness and justice (!) .

  • In cases of significant delay, especially where systemic or systemic-related causes are evident, courts may consider quashing charges or proceedings, but each case must be evaluated on its specific circumstances (!) .

  • The overall approach emphasizes a balancing test, weighing the reasons for delay, conduct of the parties, prejudice, and systemic factors, rather than fixing rigid time frames (!) (!) .

  • The importance of ensuring that delays do not result in prejudice to the accused's liberty, ability to defend, or fairness of proceedings is a central concern (!) (!) .

  • The courts have recognized that systemic inefficiencies and systemic delays are inherent challenges, and the remedy lies in procedural reforms and judicial vigilance rather than strict time limits (!) (!) .

  • The fundamental principle is that the procedural fairness and the right to a fair trial are paramount, and any infringement due to unreasonable delay can lead to quashing of proceedings or charges, depending on the circumstances (!) (!) .

Would you like a more detailed elaboration on any specific aspect?


Judgment

B.P. JEEVAN REDDY, J:- It is more than 12 years since this court declared in Hussain Ara Khaton, (1979) 3 SCR169 that right to speedy trial is implicit in the broad sweep and content of Art.21. Many a decision thereafter re-affirmed the principle. There has never been a 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 facet of 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 all there is one, is an amorphos 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 to a step forward and prescribe a time limit being 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 view points have put forward their respective contentions. We had the benefit of elabora





























































































































































































































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