Speedy Trial as a Fundamental Right
- Speedy Trial as a Fundamental Right is inherent in the “guarantee of life and personal liberty” enshrined in Article 21 of the Constitution of India. If interpreted, the phrase “Life and Liberty” includes a person’s right to a speedy trial. Everyone has a right to live a free and healthy life.
- According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- In the Maneka Gandhi case, Justice Bhagwati observed that- “The term ‘personal liberty’ in Article 21 has the broadest scope and embraces several rights that together make up a person’s liberty; certain of these rights have been elevated to the level of independent basic rights and are further protected by Article 19″
- Any accused who is denied this Right of Speedy Trial may appeal to the Supreme Court under Article 32 and High Court under Article 226 to have that right enforced.
Right To Speedy Trial
The idea behind the Right to Speedy Trial is to resolve matters as quickly as possible to improve the effectiveness and reliability of the judicial system. Right to Speedy Trial’s primary goal is to promote justice in society. It was first mentioned in the “Magna Carta”, a landmark document of British law. It is one of the fundamental human rights as without Speedy Trial justice can not be said to be done. It has been validated by almost all international charters and conventions.
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