Dalveer Bhandari, J. - (1.) Speedy trial as read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution is the main issue which has arisen for adjudication in this appeal.
(2.) Brief facts necessary to dispose of this appeal are as follows. The appellant was working as a Manager in the State Bank of India, Sumbal, Kashmir in the year 1980. An FIR No. 34 of 1980 under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act (for short, the J and K PC Act) was registered against the appellant, pursuant to which the appellant was arrested on the allegation that he had received a sum of Rs.700/- as illegal gratification, though the amount as alleged was not recovered from him, but from one Gulam Quadir.
(3.) On 30.4.1981 a challan under Section 173 Cr.P.C. came to be filed against the appellant before the court of Special Judge, Anti Corruption, Srinagar, Kashmir under Section 5(2) of the J and K PC Act. The appellant challenged the legality of the proceedings of the Court before the High Court of Jammu and Kashmir in Criminal Petition No. 41 of 1982 on the ground that he was not a public servant within the meaning of Section 21 of the Ranbir Penal Code (for short, RPC), as such, he could not be tried under the provisions of the J and K PC Act.;