“Delay in trial constitutes denial of Justice:” Chhattisgarh HC

With the increase in number of cases, the right to speedy trial is the essence of criminal trial, the Chhattisgarh High Court has awarded over Rs 1.8 lakhs as compensation.

The petitionerwho remained in jail for over a year in excess on account of delays in trial despite of the fact that the High Court had twice directed the Magistrate to conclude the trial expeditiously.

The petition was filed on the basis of infringment of his rights under Article 21 of the Constitution.

Further it was put forth to Court that he had remained in judicial custody for four years, six months and seven days before the a trial court convicted him in a cheating case in 2016.

Petitioner claimed that he was entitled to compensation of Rs. 30 lakhs for the illegal detention.

Furthe the State argued that petitioner had not demonstrated that the delay in trial was attributed to the prosecution.

Therefore the court observed that the right to speedy trial is a fundamental right under Article 21 of the Constitution and that the petitioner’s fundamental rights had been violated.

Moreover the court directed respondent to deposit the compensation amount within a period of thirty days.

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