Essay On Right To Speedy Trial

a) Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial is the right of the accused. The fact that a speedy trial is also in public interest or that it serves the social interest also, does not make it any the less the right of the accused. It is in the interest of all concerned that the guilt or innocence of the accused is determined as quickly as possible in the circumstances.
b) Right to speedy trial flowing from Article 21, encompasses all the stages, namely, the stage of investigation, inquiry, trial, appeal, revision and retrial. That is how, this Court has understood this right and there is no reason to take a restricted view.
c) The concerns underlying the right to speedy trial from the point of view of the accused are,—¬
d) The period of remand and pre-conviction detention should be as short as possible. In other words, the accused should not be subjected to unnecessary or long incarceration prior to his conviction;
e) The worry, anxiety, expense and disturbance to his vocation and place, resulting from an unduly prolonged investigation, inquiry or trial should be minimal; and
f) Undue delay may well result in impairment of the ability of the accused to defend himself, whether on account of

But this is not the only course open. The nature of the offence and other circumstances in a given case may be such that quashing of proceedings may not be in the interest of justice. In such a case, it is open to the Court to make such other appropriate order—including an order to conclude the trial within a fixed time where the trial is not concluded or reducing the sentence where the trial has concluded—as may be deemed just and equitable in the circumstances of the