Delhi HC affirms right to speedy trial despite accused’s background

New Delhi, Oct 27 (IANS) The Delhi High Court has said that the right to a speedy trial guaranteed by the Constitution cannot be compromised, even if the accused is a habitual offender or an absconder.

This statement came in response to a petition filed by a murder accused who had been facing trial for 14 years and sought the conclusion of proceedings within two months.

The petitioner argued that the case had been pending before the trial court since 2009, thereby seriously jeopardising his fundamental rights under Article 21 of the Constitution, which pertains to the right to life and personal liberty.

The state contended that the plea was unfair, given that the petitioner had nearly 20 cases pending against him and had absconded for three years in 2013, which contributed to the trial delay.

Justice Tushar Rao Gedela said that even though the petitioner was facing trial in numerous criminal cases and was a habitual offender, this could not be a reason to deny his rights under Article 21.

The judge acknowledged that the petitioner’s abscondence had caused a three-year delay in the trial. Still, the right to a speedy trial, inherent to an accused in the criminal justice system and under Article 21 could not be undermined. Consequently, the court ruled that the petitioner was entitled to his rights under Article 21 for a speedy trial and instructed the trial court to conclude the proceedings within six months.