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Delayed trial

In an essential commodities matter charges were framed in February 2007. It is now more than two years trial has not concluded. During these two years, trial actually took place on two dates. Does the accused has any remedy against this delay?

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Prakash Yedhula (Lawyer) 02 August 2009

Though there are no specific provisions for speedy trial, by judicial interpretation, the Supreme Court has held article 21 of the constitution confers the right on the accused. It is in the interest of all the concerned that the case is disposed off quickly and justice is seem to occur. In Abdul Rehman v. R.S Nayak the SC observed that the ultimately it’s the court which decides whether right to speedy trial has been denied or not. Everytime when proceedings cannot be quashed as it might not be in interest of the society. In the case Madheshwardhari Singh v. State of Bihar it was held that all criminal prosecutions are now inalienable fundamental rights to citizens. Moreover, in the case Arun Kumar Ghosh v. State of Bengal it was held that mental torture and anxiety suffered by an accused for a long length of time is to be treated ad punishment inflicted on him.

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