HC quashed criminal proceedings due to violation of the ...

Inordinate 35-Year Trial Delay Violates Article 21 Right to Speedy Trial, Proceedings Quashed

March 20, 2025

Case Laws Customs HC

HC quashed criminal proceedings due to violation of the petitioner's right to speedy trial under Article 21. The case revealed extreme delays: 13 years between investigation (1983) and complaint filing (1996), followed by 22 years of trial proceedings with minimal progress. From 2003-2018, prosecution witnesses were consistently absent, hampering trial progression. The court noted the petitioner had endured prosecution for "almost half of her entire life" without contributing to delays through appeals. Following Kadra Pahadiya and Hussainara Khatoon precedents, the court found the delay "inordinate, gross and unjust," warranting exercise of powers under Article 226 to terminate proceedings.

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HC quashed criminal proceedings due to violation of the ...

Inordinate 35-Year Trial Delay Violates Article 21 Right to Speedy Trial, Proceedings Quashed

March 20, 2025

Case Laws Customs HC

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