Right To Speedy Trial Cannot Be Diluted Even If Accused Is A Habitual Offender: Delhi High Court Expedites Trial
The Delhi High Court has held that the Right to Speedy Trial guaranteed under Article 21 of the Constitution cannot be diluted even if the accused is a habitual offender.
The Court said this while dealing with a petition under Article 227 read with Section 482 of Cr.PC. seeking directions to the Trial Court to complete the trial within a period of two months from the next date of hearing.
A Single Bench of Justice Tushar Rao Gedela observed, “It may be true that the petitioner is facing trial in about 20 criminal cases as on date and also is a habitual offender yet, the same cannot be a reason to deny the rights under Article 21 of the Constitution of India to the petitioner. … Though, the abscondence of the petitioner may have delayed the trial for three years, yet the right of the petitioner as an offender in criminal law of this country and under Article 21 of the Constitution of India, 1950 for speedy trial, can neither be diluted nor whittled.”
The Bench also noted that the petitioner was absconding from 2013 till 2016, which is a matter of three years.
Advocate Akshay Bhandari appeared for the petitioner while APP Shoaib Haider appeared for the respondent.
In this case, the petitioner was facing trial which was pending for almost 14 years till date. The counsel for the petitioner submitted that though all the prosecution’s evidence was complete, only the evidence of the IO remained. It was further submitted that since the matter was hanging fire since the year 2009, the fundamental right of the petitioner under Article 21 of the Constitution of India, 1950 was seriously jeopardised.
It was also submitted before the court that the petitioner only seeks a direction whereby the Trial Court be directed to conclude the trial expeditiously and preferably within two months from the next date of hearing. Whereas, the counsel for the respondent submitted that it is unfair on the part of the petitioner to submit that the matter was hanging fire since last 14 years inasmuch as according to the counsel, the petitioner was a habitual offender and almost 20 cases were pending against him.
The High Court after hearing the contentions of the counsel for both parties said, “… this Court is of the considered opinion that the petitioner is entitled to his rights under Article 21 of the Constitution of India for a speedy trial and accordingly, the learned Trial Court is requested to conclude the entire trial within a period of six months from the next date of hearing i.e. 16.10.2023.”
Accordingly, the High Court disposed of the petition.
Cause Title- Jamal Ranjha v. Chandra Prakash Pandey (Neutral Citation: 2023:DHC:7283)
