Right to speedy trial is a fundamental right: J&K HC

Hearing a bail petition, the Jammu and Kashmir High Court has ruled that it is the fundamental right of the under trial prisoner to get a speedy trial.

Upset with the delay in trial process, the applicant, convicted for murder, had moved a bail application in the high court.

The bail applicant, in his plea, argued that even after examining 39 out of 49 witnesses, the prosecution has failed to prove his involvement in the crime.

He further contended that although the main witness in the case has turned hostile and all the other statements did not support the prosecution’s story, the trial court had failed to follow the high court’s order for speedy disposal of cases.

After hearing the arguments, the court said, “Bail cannot be granted since the applicant’s proceeding is still ongoing in the trial court, and further directed the trial court to complete the proceedings within 6 weeks because the fate of an accused cannot be left hanging as a “Trishunka” on the absolute discretion of the trial judge.”

Stating that ‘right to speedy trial is a fundamental right’ available to the accused, the court has directed the concerned officials to treat the cases relating to ‘under trial prisoners’ as ‘priority sector litigation’.