Introduction
Speedy trial is the fundamental right of any person . in bhima koregaon caste violence case , which highlighted the issue of undertrial recently. In this case charges are not framed . Many witnesses were still examined .They are agonizing in jail without trial.
Keeping the accused in jail without trial , without any judgment without giving opportunity , without any final judgment , without giving opportunity to be heard , forcing them to stay behind the bars , is enough for any creature to shatter mentally . This is against the fundamental right of any individual given under our constitution. Through this paper we will throw light on what is speedy trial , the role of lawyers in delivering speedy trials and measures which need to be taken to tackle the problem in delivering justice in time.
Speedy trial is the constitutional right
The main aim of the right to speedy trial is to imarp justice in the society . It was first mentioned in the landmark document in the English law, the magna carta . If we talk about India it is covered under article 21 of the constitution which declares that “no person shall be deprived of his life or personal liberty except according to procedure laid down by law “.
Evolution of right of speedy trial in india
- In hussainara khatoon v. state of bihar ,1979 . This case formed the basis of the concept of speedy trial in India . It was held by SC that where trial prisoners have been in jail for duration longer than the prescribed if convicted , their detention in jail is totally unjustified and is in violation of fundamental article 21.
- In another case katar singh v state of punjab ,1994 . it was declared that the right to speedy trial is an essential part of the fundamental right to ;life and liberty .
Speedy justice is the component of social justice since the community , as a whole, is concerned in the criminal being unjustified and finally punished within reasonable time and the innocent being absolved from the excessive ordeal of criminal proceeding. Right to speedy trial is a concept gaining recognition and importance day by day .
Role of lawyer
The bar and bench are said to be the wheel of chariot of justice. The nexus is so strong that in the absence of one no judiciary system can function properly . Whenever they claim achievements they achieve in the administration , they should also share the blame equally for the setfalls , especially lack of cheap and speedy justice delivery .
The bar should also be blamed equally for the delay, expenses , and corruption in the legal system . They lack any reforms which provide better delivery of justice in time . Lawyers are considered as an important nexus between the litigant and the judiciary . They are officers of the court , their behavior toward the court , fellow lawyers and the litigant should be dignified , cordial , respectful and disciplined which reflect the professional and personal integrity and ability . lawyer not only bound to strengthen the case of his client but to assist the court to arrive at an appropriate decision . We can call that ,the enlightened and actie role of the lawyer in the process of social engineering and speedy administration of justice is indispensable.
With the increasing in the number of litigants and slow disposal is one of main reasons behind the delay in justice delivery . Due to unprecedented changes included by globalization , all professions including the legal profession have been compelled to rethink about the measures , procedures and the techniques of delivery of service and management . People have begun to think that even the code of ethics , procedure and the methods of disciplining the erring lawyers are to be reworked .Lawyers can play a major role in speedy justice delivery .
Suggestion to avoid delay in the administration of justice
- It is advisable that lawyers should not seek and court shpou;d not grant adjournment in the routine manner and even if they are granted in the exceptional cases , the reason should be recorded and for unnecessary parties should be saddled with the penalty .
There should be a fixed number for adjournment for each type of case which must be strictly followed by both bar and bench .
- Some time strikes by the lawyers and boycotting the courts , also causes hindrance in speedy trials. Lawyers should boldly refuse to abide by any such calls for strikes and boycott .
- Clash between police and lawyers . and sometimes the presiding officers cause the malfunctioning of the judicial system . This practice should be avoided and solved amicably .
- Trained , skilled and efficient lawyers need time . which will ultimately become the main reason for speed justice .
- Trend of lok adalat , mediation etc should be adopted by the lawyers by referring the case for speedy disposal.
- Legal knowledge , skills , attitude , specialization , discipline and professional ethics added by organized education programmes will definitely increase the efficiency and sharpness of lawyers , which will help in speedy justice delivery.
- Bar associations should try their level best by increasing the number of the court /judicial officers , keeping in view the large number of pending cases.
- It could be a time saver if advocates submit their brief written argument in the court .
- Being an advocate is a noble profession . it should not be treated merely as a trade , business or means of livelihood . humanitarian and ethical norms should be kept .
- If the accused has remained in custody or undergone imprisonment for the maximum prescribed period , every legal step should be taken for the release of such accused by which the case will automatically be finally disposed off .
- Govt. also need to adopt the method of lok adalat for appropriate cases by taking opinions from the experts dealing with the legal administrative and accountancy matters . it is desirable to appoint a special mechanism to settle such pendency.
- Keeping in view the number of pending cases , the members of bench and bar should not be interested in availing the vacation and holidays as there are many litigants who are waiting for decades for the disposal of their cases .
Conclusion
“Justice delayed is justice denied “. If justice is not carried out the right way timely , then even if it is carried out later , it is not really justice because there was a period of time when there was lack of justice . Timely delivery of justice is important along with accountability and transparency in the judicial system . To build an effective and strong justice delivery system , the bench and bar need to work together ensuring the rule of law in our country and in furthering our constitutional objectives . and for the same lawyer role become important to strengthen the judiciary system and secure the faith of common people in the existing judicial system.
