SPEEDY TRIAL

Kadra Pahadiya And Others, Petitioners V. State Of Bihar, Respondent.
DATE OF DECISION: 06-05-1981

CITATION(S) : 1982-(069)-AIR -1167 –SC; 1983-(002)-SCC -0104 -SC
CONSTITUTION OF INDIA Arts. 21 & 32 — Speedy trial — is a fundamental right implicit in the guarantee of life and personal liberty enshrined in art. 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under art. 32 for the purpose of enforcing such right
The Supreme Court already held in Hussainara Khatoon case (1980) 1 SCC 8, that speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in art. 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under art. 32 for the purpose of enforcing such right and this Court in discharge of its constitutional obligation has the power to give necessary directions to the State Governments and other appropriate authorities for securing this right to the accused. Supreme Court, therefore, in order to exercise this power and make this fundamental right meaningful to the prisoners in the State of Bihar request the High Court to inform as to how many Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges are there in each district in State of Bihar and what is the number of cases yearwise pending before each of them. The High Court will also supply information to this Court as to whether having regard to the pending files before the Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges and the norms of disposal fixed by the High Court there is need for any Additional Courts in any of the districts and if there is such need whether steps have been taken by the High Court for establishing such Additional Courts. If no steps have been taken so far, the High Court may immediately address a communication to the State Government stressing the need for creation of Additional Courts and requesting the State Government to take necessary action for setting up such Courts and appointing Judges to man such Courts and the State Government, Court is sure, will take the necessary steps for this purpose. – Hussainara Khatoon vs. Home Secretary, State of Bihar, (1980) 1 SCC 81: 1980 SCC (Cri) 23: (1979) 3 SCR 160: AIR 1979 SC 1360 followed.
Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in art. 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under art. 32 for the purpose of enforcing such right.