Can the right to speedy trial be termed as Fundamental Right
Shree.
(Querist) 21 June 2009
This query is : Resolved
Can the right to speedy trial be termed as Fundamental Right? If so, what will be the
n.k.sarin
(Expert) 21 June 2009
right to speedy trial is not a fundamental right.It can not be term as a fundamental right.
KANDE VENKATESH GUPTA
(Expert) 21 June 2009
Art.21 of the Constitution of India deals with the right to life. The Hon'ble Supreme Court widened the scope of the Art.21 of the Constitution of India in a catena of decisions right from Maneka Gandhi's Passport case. Right to life includes right to live with dignity. Thus, if trial of case is prolonged for one reason or the other, the Under Trial Prisoner can approach the Constitutional Court seeking direction for early trial of the case by filing a writ petition, which the constitutional courts will ordinarily grant the relief on the principle that until a person is found guilty, his innocence is premused, because the Under Trial Prisoner is kept in jail without there being any finding of guilty and conviction. However, in case of the accused, the constitutional courts may not grant the relief of speedy trial in all cases in view of shortage of judicial officers and judge-population ratio iin the county.
Swami Sadashiva Brahmendra Sar
(Expert) 21 June 2009
The supreme court has emphasized several times that right to speedy trial is within sweep of Art 21 .
N.K.Assumi
(Expert) 22 June 2009
Yes, the concept of speedy trial has graduated to Fundemental Rights as pointed out by Dr.Tripathi, by the ruling of the Apex Court.
Kiran Kumar
(Expert) 22 June 2009
yes right to speedy trial is part and parcel of fundamental rights.
Husaain Ara Khatoon's case gives good interpretation of it.
pls refer to the latest judgment of Hon'ble SC in this regard.
Vakil Prasad v/s State of Bihar in Criminal Appeal No. 138 of 2009
the judgment is by Hon'ble Justcie D.K. Jain. decided on 23-01-2009
this will give u a clear picture of the concept of speedy trial in connection with the fundamental rights.
J K Agrawal
(Expert) 22 June 2009
It is fundamental right
AIR 1997 SC 95
AIR 1994 SC 1229
1988 SCC 36
Uma parameswaran
(Expert) 22 June 2009
We know more than 50 % of the accused trapped in the jail with out trial and get separated from their family. To prevent delay and undue and unfair confinement before trial it is necessary to considered it as fundamental right.
