Saturday, 28 December 2019

Supreme Court: Precaution to be taken by court while trying cases Expeditiously( Speedy trial Vs fair trial)

While the anxiety to bring the trial to its earliest conclusion has to be shared it is fundamental that in the process none of the well-entrenched principles of law that have been laboriously built by illuminating judicial precedents are sacrificed or compromised. In no circumstance, can the cause of justice be made to suffer, though, undoubtedly, it is highly desirable that the finality of any trial is achieved in the quickest possible time.

18. Expeditious disposal is undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial. However, the attempts to expedite the process should not be at the expense of the basic elements of fairness and the opportunity to the Accused, on which postulates, the entire criminal administration of justice is founded. In the pursuit for expeditious disposal, the cause of justice must never be allowed to suffer or be sacrificed. What is paramount is the cause of justice and keeping the basic ingredients which secure that as a core idea and ideal, the process may be expedited, but fast tracking of process must never ever result in burying the cause of justice.

Criminal Appeal Nos. 62-63 of 2014

Decided On: 18.12.2019

 Anokhilal  Vs.  State of Madhya Pradesh

Hon'ble Judges/Coram:
U.U. Lalit, Indu Malhotra and Krishna Murari, JJ.
Read full judgment here: Click here

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