The right to a speedy trial is a fundamental right guaranteed by the Indian Constitution under Article 21, which states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” This right ensures that individuals are not subjected to prolonged periods of incarceration without a fair and expeditious trial.
However, in recent years, there have been numerous instances where the right to a speedy trial has been blatantly violated, particularly in cases involving charges under special laws like the UAPA. The UAPA is a stringent anti-terrorism law that allows for the detention of individuals without bail for extended periods of time, leading to prolonged delays in their trials.
The recent judgment by the Supreme Court addressing this issue is a welcome development in the realm of criminal justice. By recognizing that the right to a speedy trial is a constitutional guarantee that cannot be overshadowed by statutory restrictions, the Court has taken a significant step towards safeguarding the rights of individuals facing prolonged detention.
It is essential for the judiciary to uphold the principles of justice and fairness by ensuring that individuals are not subjected to unreasonable delays in their trials. Prolonged pre-trial detention can have severe consequences on the mental and physical well-being of individuals, as well as their families and communities.
In conclusion, the violation of the right to a speedy trial is a serious issue that needs to be addressed urgently. It is crucial for the judiciary to intervene and protect the rights of individuals facing prolonged detention, particularly in cases involving charges under special laws like the UAPA. Upholding the right to a speedy trial is not only a legal mandate but also a moral imperative that must be respected to ensure justice and fairness in our legal system.
Case: Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh
Written by ~ Natasha Bothra of Asian Law College intern under Legal Vidhiya.
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