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saurabh agarwal (CS,LLB)     07 July 2009

Speedy trial

Is there any section under CPC or any other act which directs lower court for speedy trial of a case?



Learning

 5 Replies

SANJAY DIXIT (Advocate)     07 July 2009

Pls go through the link of LCI below, you may get a help by the judgment passed by Supreme Court--

https://lawyersclubindia.com/judiciary/judiciary_detail.asp?judiciary_id=283

saurabh agarwal (CS,LLB)     07 July 2009

Thanks sir for the reply.

But the case if of civil in nature and is there any thing that orders the lower for speedy trial?

Kiran Kumar (Lawyer)     07 July 2009

there is no provision like this in CPC, but few high courts have adopted certain self regulations in this regard, setting target for subordinate courts to decide the matters in a prescribed period of time.

 

these directions have come after a SC decision in 2005 in Salem Advocates Bar Association Tamil Nadu v/s Union of India.

Shree. ( Advocate.)     07 July 2009

 In the case,Sheela Barse v. Union of India [(1986) 3 SCC 596]
 The Court held that it is the right of a public minded citizen to bring an action for the enforcement of fundamental rights of a disabled segment of the citizenry.       Where the Court comes to a conclusion that the right to speedy trail of an accused has been infringed, the charge or the conviction, as the case may be, shall be quashed..

Shree. ( Advocate.)     23 July 2009

Right to speedy trial is an inalienable right 

 
The Supreme Court in Pankaj Kumar v. State of Maharashtra & Ors., Criminal Appeal No. 1067 of 2008 observed thus:
“It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases.
[Pankaj Kumar v. State of Maharashtra & Ors., Criminal Appeal No. 1067 of 2008 decided on July 11, 2008]. 

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