Criminal Justice In India: A Critical Legal Study

The Supreme Court of India in landmark judgments has upheld right to speedy trial a fundamental right within the ambit of Article 21 of the Constitution of India. In Hussainara Khatoon v State of Bihar a petition for a writ of habeas corpus was filed by number of under-trial. The Supreme Court held that "right to a speedy trial" is fundamental right is implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution. Speedy trial is the essence of criminal justice. In United States speedy trial is one of the constitutionally guaranteed right under the sixth amendment. Justice P.N. Bhagawati (as he then was) held that although, unlike the American Constitution speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content Article 21 as interpreted in Maneka Gandhi's case. No procedure which does not ensure a reasonable quick trial can be regarded as 'reasonable, fair and just.