Allahabad High Court Upholds Right to Speedy Trial, Criticizes Trial Court for Delays

20-Year-Old Case Against Senior Citizen Highlights Judicial Lethargy; Court Orders Expedited Trial and Warns of Consequences

In a significant ruling, the Allahabad High Court has underscored the fundamental right to a speedy trial, criticizing the trial court for unnecessary delays in a case that has languished for two decades. The case involves Shrish Kumar Malviya, a 73-year-old accused under Section 129 of the Representation of People Act, 1951, who has been waiting for justice since 2005.

The High Court, presided over by Justice Vivek Kumar Singh, quashed the proceedings of the trial court, which had not progressed due to the prosecution's failure to produce witnesses, despite numerous adjournments and even the issuance of non-bailable warrants.

Justice Singh expressed concern over the trial court's failure to adhere to directives from higher courts regarding the expeditious disposal of old cases. The judgment emphasized that the right to a speedy trial is an inalienable right under Article 21 of the Constitution of India, extending to both the court proceedings and the police investigation phase.

The court acknowledged that the delays were not attributable to the accused, who had been regularly attending court proceedings. The trial court's lack of urgency and responsibility in handling the case was seen as a violation of the accused's fundamental rights.

Justice Singh issued a directive for the trial to be concluded within one month of the order, warning of potential action against the judicial officer for non-compliance. The Registrar (Compliance) of the High Court was instructed to ensure that the District Judge, Prayagraj, complies with the order.

This judgment serves as a reminder of the judiciary's accountability to the people and the necessity of prioritizing old cases. The court made it clear that judicial lethargy in handling cases, particularly those involving senior citizens, will not be tolerated.

Bottom Line:

Right to a speedy trial is a fundamental right under Article 21 of the Constitution of India. Delay caused by the prosecution and lethargy of the trial court in old cases violates this right, and proceedings can be quashed if the delay is not attributable to the accused.

Statutory provision(s): Article 21 of the Constitution of India, Section 129 of the Representation of People Act, 1951

Shrish Kumar Malviya v. State of U.P., (Allahabad) : Law Finder Doc Id # 2812468