Trial delay mars right to life: SC

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Right to speedy and fair trial has been recognised by the courts as a fundamental right of an accused, so that the accused does not suffer on the ground of delay.

But in some sensational cases, there has been a delay in completion of the trial even at the instance of the accused or prosecution. One such case is the Kumbakonam school fire tragedy case.

Though the incident took place on July 16, 2004, where 94 innocent children were burnt to death and 18 seriously injured due to the negligence of school administration and authorities, the trial is yet to complete even after eight years.

The Supreme Court on Friday, expressing concern over the delay in completion of the trial, directed the trial court in Thanjavur to complete it within six months.

Legal experts say various factors constitute to the delay in completion of the trial since the Cr.P.C recognises certain rights of the accused till the judgment is delivered to challenge the procedure adopted by the court during the trial.

Also the lack of strength of judges is a constituting factor towards the delay in dispensation of justice. Some times the accused are not available for trial and at times the prosecution also delays the trial.

Some times the accused prolong the trial and there may be voluminous records and many number of witnesses and in such circumstances, it is inevitable that the trial gets prolonged, they added.

Abudukumar, former government advocate, said, “Long delay causes serious prejudice to the accused.

The high court and Supreme Court in number of judgments have held that inordinate delay in completion of trial causes serious prejudice to the accused and thereby violating Article 21 of the Constitution.

“The high court has quashed many cases on the ground of delay. Therefore, it is of extreme importance that the trial of cases be expeditiously conducted by following due procedure.”