Case Law: Right to a Speedy Trial under Article 21
1 . Problem
Whether the prolonged delay in the trial and imprisonment constitutes a contravention of the provisions of Article 21 of the Constitution.
2. Rule
It provides life, liberty, and personal freedom through an appropriate, just, and equal procedure as guaranteed by Article 21. Speedy trial is a part of Article 21 as held in the matter of Hussainara Khatoon v. State of Bihar.
3. Analysis
The court said seriousness of the offense can never be a reason for indefinite adjournment of the trial. Arresting a person for a considerable period without making any concrete progress can be termed as punishment for the crime before the occurrence of a guilty verdict, thus defeating the essence of personal liberty. The court also stated that the mere passage of time does not automatically translate to the grant of bail for the accused
4. Conclusion
Unreasonable delay in trial violates Article 21, and courts must provide appropriate relief in terms of bail or direction for an expeditious trial.
5. Law Used
Article 21 and Article 14, CrPC provision for bail, and case law such as Hussainara Khatoon
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