Distinction between speedy trial and fair trial
right to life entrenched in the Article 21 of the Constitution of
India has a companion in concept in “fair trial”, both being in
alienable constituents of an adjudicative process, to culminate
in a judicial decision by a court of law as the final arbiter.
There is indeed a qualitative difference between right to speedy
trial and fair trial so much so that denial of the former by
itself would not be prejudicial to the accused, when pitted
against the imperative of fair trial. As fundamentally, justice
not only has to be done but also must appear to have been
done, the residuary jurisdiction of a court to direct further
investigation or reinvestigation by any impartial agency, probe
by the state police notwithstanding, has to be essentially
invoked if the statutory agency already in-charge of the
investigation appears to have been ineffective or is presumed
or inferred to be not being able to discharge its functions
fairly, meaningfully and fructuously.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 77 OF 2016
(ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 1458/2015)
POOJA PAL .…APPELLANT
Versus
UNION OF INDIA AND ORS. ...RESPONDENTS
Dated;JANUARY 22, 2016.
AMITAVA ROY,J.
https://www.lawweb.in/2016/01/distinction-between-speedy-trial-and.html
