by Abhik Roy

In 1979, the Supreme Court of India recognized the fundamental right of the accused to a speedy trial, and, since then, it has been reiterating the same. Yet, four decades through, speedy trial remains a pie in the sky, and long, dragged-out legal battles continue to define the Indian judiciary.

It is time the glaring lack of speedy trial is acknowledged as a legal emergency and dealt with urgently, now more than ever, when coronavirus lockdown delays the judiciary further. Otherwise, the situation will go beyond salvage.

National Judicial Data Grid reveals that in the High Courts of India, around 11 lakh cases pending are between five to ten years old and around 90 thousand cases pending are more than thirty years old. And, in the subordinate courts, more than shocking two crore criminal cases are pending.

To those involved in these cases, speedy trial is fiction and justice a mere token, if ever rendered in their lifetime. Today, an overlong legal battle is commonplace, and speedy trial occasional. Everyone in India grows up hearing their elders, at least once, alluding to the slow wheels of the judiciary. Sunny Deol’s famous dialogue “Tarikh pe Tarikh” could age well for a reason. In some families even, an intergenerational court case becomes the unexpected heirloom.

And it is this sad state that makes people fear and avoid litigation. They treat it as a last resort, only used if water goes above head, even still one might hesitate. And, when by a stroke of bad luck, one does get involved in a court case, their life becomes one long episode of waiting. The pace of the court dictates the rhythm of life. Hearings get adjourned. There is hardly an end in sight.

For an accused, the only break to catch here is in the form of bail. Bail has become rather a consolatory substitute for speedy trials today. But even the bail system in India is inconsistent and affordable by a select few. And there is the double whammy if one gets booked for a non-bailable offense. The decision to grant bail, in such an event, is based on several factors; one of them is the nature of the alleged offense. The more heinous is the offense, the lower goes the chances of bail.

Justice delayed is justice denied is a very well-known adage. However, in today’s time, it sounds far removed from the truth. For if it is true, justice has been denied quite often in India. Article 21 of our holy Constitution mandates a fair trial. Speedy trial is fair. Presently, the undertrials account for 69% of our prison population. These people deserve fairness. The right which got affirmed so many years ago must happen now.

Concrete and hands-on measures should get adopted to make speedy trials the norm. Establish special courts across India to solve the cases that have been pending for too long. One significant cause of a slow trial is overburdened judges. There are just too many cases for every judge in India. Our nation has one of the lowest judges-to-population ratios. The only way out here is fast recruitment of sufficient judges. Our police-to-population ratio is alarmingly low too. It needs an instant improvement as well. Overburdened police staff causes slow police investigation that inadvertently delays the trial. While putting a time limit on a trial can backfire, avoidable causes of delays should get rigidly prevented. And every time a speedy trial doesn’t occur, the state must compensate the aggrieved parties to make an example of it.

The judiciary is a haven for both the victim and the accused. Hopes of justice burn brightest in there. But no sooner the languidly turning wheels of the judiciary douse those hopes. That should not be the case. Time may heal the wounds of injustice. However, it is only timely justice that offers solace. Speedy trial delivers timely justice. It is an inalienable right that should translate into reality now. It should no longer be pie in the sky you will get when you die.

About the Author

Abhik Roy is an undergraduate law student. He is passionate about reading classic short stories and finds nothing more joyful than a tartlet.