As the famous saying goes “Justice Delayed is Justice Denied”……Right to Speedy Justice is Declared as one of the Fundamental Rights. But sadly it remains just a myth now.The dispensation of justice is of very little meaning if it is not delivered on time.A delayed justice is almost no justice.While emphasizing the need for speedy justice ,Justice Anand has rightly said that “People want justice, pure, unpolluted, quick and inexpensive and they have every right to receive the same”.but in reality there are deplorably long delay in the Dispensation of Justice, the need for the speedy justice cannot be gained because as said, “If Justice is not executed speedily men persuade themselves that there is no such thing as justice “.A judicial system which proclaims that a person is innocent until proven guilty, incarcerates two thirds of those in prisons without any guilt having been proved. The accused are locked up behind the bars and they have to wait nearly for decades and years for justice, A time comes when they loose faith in the judicial system.a research study also shows that the prisons are overcrowded and the health of the prisoners are also deteriorating. The basic fundamental rights are violated and they undergo both mental as well as physical pain.
The speedy trial of cases is one of the objects of the administration of Criminal Justice. various provisions have been made in the Code of criminal procedure ,1973 and the police Act for expeditious disposal of matters at various stages.the Constitution of India ,1950 does not specifically guarantee the fundamental right to speedy trial but it has been included implicitly in article 21 due to Judicial activism shown in respect of article 21 which deals with the fundamental right to life and personal liberty.
There were certain under trial prisoners who are in prison for more than the maximum term of the sentence imposed for the offence charged. The courts used strong terms such as ‘shocking state of affairs’,’ betrayal with the concern of human values’, ‘callousness of our legal and judicial system’ to condemn delay. In Hussainara Khatoon 9V) v. Home Secretary it was held that those charged with multiple offences and already imprisoned for a period longer than the total maximum period, if the sentences were to run consecutively.
Article 14 of the Constitution which states equality before law is highly violated in our courts, The rich and the powerful criminals prolongs the case so long the the poorer are left weak and is forced to withdraw the case.This in turn leads to the disrespect towards the law and the justice of the country.there are many cases under trial that the Indian Judiciary needs almost centuries to clear its backlog.Therefore it appears that the judicial system cannot deliver time bound justice.The appointment of the judges as well as well as the execution has to be regulated so that the justice delivered is fair and just.
Post Contributed By:
Tanushree Sharma
