speedy trial as a fundamental right as far an accused is
concerned, who has been implicated in a criminal case and
facing trial. But, the courts are not able to implement the
same in full letter and spirit of the Constitution because of the
over burden on each court due to pendency of large number of
cases which is beyond the capacity of the Judicial Officer to
dispose of. At the same time, it cannot be taken as a ground
for postponing the case of an accused who comes before the
court and seeks for the relief of speedy disposal which
according to him, is required for settlement in his life and to
procure employment. It is true that if a person is involved in a
crime, it is very difficult for him to get a better employment as
it is a stigma in his life. So, he is having every right to see
that the case is disposed of either way and if he get some
honourable acquittal, then, the stigma will go and he can
pursue for his better employment to settle down in life in
future. This is the grievance of the petitioner in this case as on
account of the pendency of the case, he is not been able to go
abroad and get better employment either in India or abroad.
The anguish of the petitioner cannot be said to be not genuine.
So, under the circumstances, this court feels that even though
this court is very well aware of the burden cast on the
presiding officers in disposing the cases, giving direction to the
court below to expedite the trial of the case within a time
frame will be sufficient and that will meet the ends of justice.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
OP(Crl.).No. 93 of 2014 (Q)
ANAND, Vs STATE OF KERALA,
Dated this, the 10th day of June, 2014.
