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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)
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ISSN Approved Journal No: 2320-2882 | Impact factor: 7.97 | ESTD Year: 2013
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Authors
Neeraj Pandey,Mr. Laxman Singh Rawat
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Keywords
Speedy trial, Fair trial, Criminal justice, Delay in justice,
Abstract
Abstract:
Justice in one sense means grant of expeditious and inexpensive relief to persons who approach the court with legal problems. Delay in providing justice has been interpreted as denial of justice. The Constitution of India reflects the quest and aspiration of the humankind for justice when its preamble speaks of justice in all its forms - social/ economic and political. The principle of natural justice is that 'justice should not only be done but it should seen to have been done' which means that those
who receive justice must feel it has been done with them. Delay defeats not only equity but justice also and if the delay in relation to
criminal justice system it defeats justice more pervasively. It is not only important that the machinery of justice works effectively and efficiently but it should also work timely in the sense that the trial should be as speedy as is possible. There is an old adage that 'justice delayed is justice denied; which means that justice should be dispensed with within a reasonable period of time.
However, another doctrine associated with the disposal of cases is that 'justice hurried is justice buried', meaning thereby that the hasty trials entail injustice and consequentiy affect the quality of justice. The Supreme Court of India as the guardian of fundamental rights of the people, has obligations as well as powers of wide amplitude to ensure a speedy trial for the accused, and as such while adopting an activist approach in Hussainara Khatoon vs. State of Bihar. It followed the dynamic interpretation placed on Article 21 of the Constitution of India in Maneka Gandhi vs. Union of India, it observed: There can be no doubt that speedy trial, and by speedy trial we mean reasonably expeditions trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution of India. The entire human rights jurisprudence has been the result of a most startling and reasonable development of the law follows the landmark judgment in Maneka Gandhi's case. This new jurisprudence, which has been evolved by the judiciary, is the result of a case-to-case development. Speedy trial is the most important basic human right in the field of criminal jurisprudence. The judiciary, through a process of creative interpretation, has evolved it. Speedy trial though not a specifically enumerated fundamental right in the Constitution as in the United States of America (U.S.A.) The principle of speedy trial propounded in Maneka Gandhi's case, nurtured in Hoskot's case, and came of the age in Hussainara's case with a judicial bang.
IJCRT's Publication Details
Unique Identification Number - IJCRT1813370
Paper ID - 188643
Author type - Indian Author
Page Number(s) - 442-445
Pubished in - Volume 6 | Issue 2 | APRIL 2018
DOI (Digital Object Identifier) -
No Of Downloads - 1261
Author Country - 248007, INDIA, dehradun, dehradun, INDIA, Other
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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Neeraj Pandey,Mr. Laxman Singh Rawat, "SPEEDY TRIAL IN CRIMINAL JUSTICE SYSTEM: AN APPRAISAL", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.6, Issue 2, pp.442-445, APRIL 2018, Available at :http://www.ijcrt.org/papers/IJCRT1813370.pdf
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