Ranjan Dwivedi Vs. C.B.I., Through the Director General
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Head Note
Constitution of India, 1950 - Article 21
- Speedy trial - The right to speedy trial cannot be quantified into specified number of days, months or years - The length of the delay is not sufficient in itself to warrant a finding that the accused was deprived of the right to a speedy trial - Rather, it is only one of the factors to be considered, and must be weighed against other factors.
Indian Penal Code,1860 - Section 302 , Constitution of India, 1950 - Article 21
Speedy trial - Murder of Union Railway Minister in 1975 - Trial prolonged for 37 years - Accused seeking acquittal on ground of violation of their right of speedy trial - Petition dismissed - There was no systemic failure - Delay was due to long adjournments sought by the accused persons, who are seven in number and their dilatory tactics - Trial Judge directed to take up the case on day to day basis and conclude the trial.
The Code of Criminal Procedure, 1973 - Section 258 , Section 309 , Section 311 , Constitution of India, 1950 - Article 21
Speedy trial - It is neither advisable, feasible nor judicially permissible to prescribe an outer limit for the conclusion of all criminal proceedings - Further held - Prescribing a time limit for the trial court to terminate the proceedings or, at the end thereof, to acquit or discharge the accused in all cases will amount to legislation, which cannot be done by judicial directives within the arena of judicial law making power available to constitutional courts.
Topic(s)-Speedy Trial