TMI Blog2009 (1) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... irit of the provisions of the Cr.P.C. (In particular, Sections 197, 173, 309, 437 (6) and 468 etc.) and the constitutional protection enshrined in Article 21 of the Constitution. Inspired by the broad sweep and content of Article 21 as interpreted by a seven-Judge Bench of this Court in Maneka Gandhi Vs. Union of India Anr.[ 1978 (1) TMI 161 - SUPREME COURT] , in Hussainara Khatoon Ors. Vs. Home Secretary, State of Bihar [ 1979 (2) TMI 194 - SUPREME COURT] , this Court had observed that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except according to procedure established by law; that such procedure is not some semblance of a procedure but the procedure should be 'reasonable, fair and just'; and therefrom flows, without doubt, the right to speedy trial. It was also observed that no procedure which does not ensure a reasonably quick trial can be regarded as ' reasonable, fair or just' and it would fall foul of Article 21 . The Court clarified that speedy trial means (reasonably expeditious trial which is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry and, therefore, in order to appreciate the rival stands of the parties, it would be necessary to notice the background facts in a little greater detail. The genesis of the case dates back to 8th April, 1981 when a search operation was conducted by the office of the Superintendent of Police, Crime Investigation Department, (Vigilance), Muzaffarpur, on the basis of a complaint lodged by a civil contractor against the appellant, an Assistant Engineer in the Bihar State Electricity Board (Civil) Muzaffarpur, for allegedly demanding a sum of ₹ 1000/- as illegal gratification for release of payment for the civil work executed by him. In the trap laid to catch the culprit, the chemically treated currency notes are stated to have been recovered from appellant's pocket. As a follow up action, after investigation by an Inspector of Police, a charge sheet for the afore-mentioned offences was filed against the appellant on 28th February, 1982. The Magistrate took cognizance on 9th December, 1982. Nothing substantial happened till 6th July, 1987 except for dismissal of an application, dated 30th June, 1983 filed by the prosecution for reinvestigation of the case, when the case w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... promotion in the meantime, the learned Judge finally concluded that this reason by itself was not sufficient to quash the entire criminal proceedings against him, particularly keeping in view the seriousness of the allegations. The learned Judge, however, directed the trial court to conduct the trial in the matter on a day to day basis and complete the same within a period of four months. The Court also directed that if the sanction of the State Government had not yet been obtained, the question of grant of sanction shall be considered by the State Government within a period of six weeks from the date of the order. Being aggrieved by the said decision, the appellant has preferred the present appeal. 7. Learned counsel appearing on behalf of the appellant vehemently submitted that though a period of about twenty eight years, since the registration of the case against the appellant, has elapsed, the trial according to law is yet to commence and thus, the appellant has been deprived of his constitutional right to speedy investigation and trial flowing from Article 21 of the Constitution. It was pleaded that having regard to the prevailing circumstances and the fact that it is stil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seven categories of cases by way of illustration, wherein the extra-ordinary power under the afore-stated provisions could be exercised by the High Court to prevent abuse of process of the court, it was clarified that it was not possible to lay down precise and inflexible guidelines or any rigid formula or to give an exhaustive list of the circumstances in which such power could be exercised. This view has been reiterated in a catena of subsequent decisions. 11. We are of the opinion that having regard to the factual scenario, noted above, and for the reasons stated hereafter, it is a fit case where the High Court should have exercised its powers under Section 482 Cr.P.C. 12. Time and again this Court has emphasized the need for speedy investigations and trial as both are mandated by the letter and spirit of the provisions of the Cr.P.C. (In particular, Sections 197, 173, 309, 437 (6) and 468 etc.) and the constitutional protection enshrined in Article 21 of the Constitution. Inspired by the broad sweep and content of Article 21 as interpreted by a seven-Judge Bench of this Court in Maneka Gandhi Vs. Union of India Anr. (1978) 1 SCC 248 , in Hussainara Khatoon Ors. Vs. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... long delay may be taken as presumptive proof of prejudice. In this context, the fact of incarceration of accused will also be a relevant fact. The prosecution should not be allowed to become a persecution. But when does the prosecution become persecution, again depends upon the facts of a given case; (vi) ultimately, the court has to balance and weigh several relevant factors--'balancing test' or 'balancing process'--and determine in each case whether the right to speedy trial has been denied; (vii) Ordinarily speaking, where the court comes to a conclusion that right to speedy trial of an accused has been infringed the charges or the conviction, as the case may be, shall be quashed. But this is not the only course open and having regard to the nature of offence and other circumstances when the court feels that quashing of proceedings cannot be in the interest of justice, it is open to the court to make appropriate orders, including fixing the period for completion of trial; (viii) it is neither advisable nor feasible to prescribe any outer time-limit for conclusion of all criminal proceedings. In every case of complaint of denial of right to speedy trial, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an outer limit for conclusion of all criminal proceedings. Nonetheless, the criminal courts should exercise their available powers such as those under Sections 309, 311 and 258 of Cr.P.C. to effectuate the right to speedy trial. In appropriate cases, jurisdiction of the High Court under Section 482 Cr.P.C. and Articles 226 and 227 of the Constitution can be invoked seeking appropriate relief or suitable directions. The outer limits or power of limitation expounded in the aforenoted judgments were held to be not in consonance with the legislative intent. 15. It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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