Right to fair and speedy trial

Right to fair and speedy trial

Subject: Polity

Context: Areeb Majeed was granted bail by the Bombay High Court six years after his arrest on charges of travelling to Iraq and Syria to join ISIS.

Concept:

• The court held that the right to fair and speedy trial was recognised under Article 21 (right to life) of the Constitution and same applied to the petitioner as there is no likelihood of trial completing in a reasonable time.
• The HC said in the context of more than 6 years of incarnation already having been served the case involved right to liberty. Thus the golden mean has to be achieved between the rights of the individual and those of the society at large
• As a part of justice delivery, right to fair and speedy trial envisages justice system which is more efficient and trustworthy.
• It is also belief in the principle of “Justice delayed is the justice denied”.
• HussainaraKhatoon v. State of Bihar case: It is basis of speedy trial in India and held that under trial prisoners have been in jail for duration longer than prescribed, if convicted, their detention in jail is totally unjustified and in violation to fundamental rights under article 21.
• In the case Katar Singh v. State of Punjab it was declared that right to speedy trial is an essential part of fundamental right to life and liberty.