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Speedy trial is fundamental right of accused, Supreme Court expresses concern over delay in trial due to large number of defence witnesses

  The Supreme Court has expressed concern over the delay in the trial due to the large number of witnesses on the part of the defence. The court said that speedy trial is a fundamental right of the accused and delay in the trial creates obstacles in this right. The government prosecutors and the judges conducting the trial should pay attention to this. Delay in the trial is harmful to the accused and extremely harmful to the victim. It is also harmful to the credibility of the Indian society and our judicial system. Judges are the masters of their court and there are several tools available to them in the CrPC by which they can ensure speedy trial of cases.

This observation was made by a bench of Justices JB Pardiwala and R Mahadevan on Friday while granting conditional bail to Tapas Kumar Palit, accused of transporting goods for Naxalite activities in Chhattisgarh. Tapas is being tried under various sections of the UAPA and Chhattisgarh Special Public Safety Act. The High Court had refused bail but the Supreme Court granted bail with conditions, saying that the accused has been in jail since March 24, 2020. 42 witnesses have been examined in the case and the defence wants to examine 100 witnesses. The accused has been in jail for five years and the defence does not know how long it will take to complete the evidence. In such a situation, there is no option but to grant bail.

The court said that it has been said many times before that no matter how serious the crime, speedy trial is a fundamental right of the accused as enshrined in Article 21 of the Constitution. Commenting on the long list of witnesses for the defence, the bench said that the government prosecutors want to examine 100 witnesses? What is the need for 10 witnesses to prove one thing? The result of a long list of witnesses is delay in the trial. The public prosecutor should use his discretion wisely. In this context, the role of the special judge is also important, he can ask why these witnesses are necessary. The Supreme Court said that now it is time to consider the issue of delay and bail.
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