NITIN ARYAN Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2021-6-32
HIGH COURT OF CHHATTISGARH
Decided on
June 07,2021
Nitin Aryan
Appellant
VERSUS
STATE OF CHHATTISGARH
Respondents
Referred Judgements :-
HUSSAINARA KHATOON AND OTHERS (I) V. HOME SECRETARY,STATE OF BIHAR [REFERRED TO]STATE OF RAJASTHAN VS. VIDHYAWATI [REFERRED TO]
KASTURI LAL RALIA KAM JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
HUSSAINARA KHATOON 1 VS. HOME SECRETARY STATE OF BIHAR [REFERRED TO]
RUDUL SAH VS. STATE OF BIHAR [REFERRED TO]
ABDUL REHMAN ANTULAY VS. R S NAYAK [REFERRED TO]
NILABATI BEHERA ALIAS LAUTA BEHERA VS. STATE OF ORISSA [REFERRED TO]
COMMON CAUSE" A REGISTERED SOCIETY VS. UNION OF INDIA [REFERRED TO]
D K BASU ASHOK K JOHRI VS. STATE OF WEST BENGAL :STATE OF UTTAR PRADESH [REFERRED TO]
CHAIRMAN RAILWAY BOARD VS. CHANDRIMA DAS [REFERRED TO]
P RAMACHANDRA RAO VS. STATE OF KARNATAKA [REFERRED TO]
JUDGEMENT
Sanjay K.Agrawal,J. -
(1.)This case was reserved for orders on 23.3.2021, but before order could be delivered, lockdown was clamped down by the District Collector w.e.f. 14.4.2021, consequently, this Court was also remain closed and during the continuance of lockdown followed by closure of this Court, the summer vacation stepped in w.e.f. 10.05.2021, therefore, this order is being pronounced today i.e. 7.6.2021 after re-opening of Court after summer vacation.
(2.)Right to speedy trial may not be expressly guaranteed constitutional right in India, but it is implicit in right to fair trial which has been held to be part of right to life and liberty guaranteed by Article 21 of the Constitution.
(3.)The aforesaid statement of law was rendered by O. Chinnappa Reddy, J. speaking on behalf of the Supreme Court in the matter of T.V. Vatheeswarn v. State of Tamil Nadu, 1979 AIR(SC) 1360 (para-19) qua right to speedy trial. Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice (please See Hussainara Khatoon and others (I) v. Home Secretary, State of Bihar,1980 1 SCC 31 .)
(2.)Right to speedy trial may not be expressly guaranteed constitutional right in India, but it is implicit in right to fair trial which has been held to be part of right to life and liberty guaranteed by Article 21 of the Constitution.
(3.)The aforesaid statement of law was rendered by O. Chinnappa Reddy, J. speaking on behalf of the Supreme Court in the matter of T.V. Vatheeswarn v. State of Tamil Nadu, 1979 AIR(SC) 1360 (para-19) qua right to speedy trial. Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice (please See Hussainara Khatoon and others (I) v. Home Secretary, State of Bihar,1980 1 SCC 31 .)
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