ICFAI UNIVERSITY DEHRADUN
Law of Poverty, Society & Rural Development
Assignment 4 for Flip Learning
Project on: - Delay leads to mental Anguish discussion in reference to the a
case
Submitted By:-
Aditya Kumar
16FLICDDN01006
4th year VIIth Semester
BBA LLB (HONS)
Section A
ICFAI LAW SCHOOL
Submitted to:-
Ekta Gahlawat
Assistant Professor of Law ICFAI Law School,
The ICFAI University, Dehradun
Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar
1979 AIR 1369, 1979 SCR (3) 532
Background
The present case is a landmark judgment on the speedy trial of cases that came to be recognized
as a fundamental right of every accused person. It is a facet of the rightful administration of
justice. The Constitutional obligation upon State to undertake the protection of rights of
individuals under Article 21 is inclusive of the duty to ensure there is a speedy trial of cases. It
also ensures the right to access free legal services to the poor as an essential part of Article 21 of
the Constitution.
Facts of the case
The writ petition has come before the Court for the hearing of the release of under-trial prisoners
in the state of Bihar. The state of Bihar was directed to file a revised chart showing a year-wise
break-up of the under-trial prisoners after dividing into two broad categories viz. minor offenses
and major offenses that were not carried out.
Judgment
The Court directed that these under-trial prisoners whose names and particulars are given in the
list filed by Mrs. Hingorani should be released forthwith as continuance of their detention is
illegal and in violation of their fundamental right under Article 21 of the Constitution because
they have been in jail for a duration exceeding the maximum term that they should have been
convicted for.
The Court also directed that on the next remand dates, when the under-trial prisoners, charged
with bailable offenses, are produced before the Magistrates, the State Government should
appoint a lawyer at its own cost for making an application for bail and opposing remand
provided that no objection is raised to such a lawyer on their behalf and with an aim that speedy
trial is executed. The State Government and High Court were required to furnish particulars as
to the location of the courts of magistrates and courts of sessions in the State of Bihar along with
the total cases pending in each court as of 31st December, 1978. They are also required to
explain as to why the disposal of those cases as having been pending for more than six months
not been possible.
How delay in Justice Leads to Mental Anguish
Meaning of Delay
The term "delay denotes a case that has been in the Court or judicial system for longer than the
normal time that it should take for a case of that type to be disposed of." In an adjudicatory
system, whether inquisitorial or adversarial, an expected life span of a case is an inherent part of
the system. No one expects a case to be decided overnight. However, difficulty arises when the
actual time taken for disposal of the case far exceeds its expected life span and that is when we
say there is delay in dispensation of justice.
Because of the delay in disposing of the cases. Innocent person is the worst effected unfortunate,
who has to take shelter of the courts for getting justice, which he can never calculate as to when
than so called justice be finally arriving. None can compute his worries and the frustrations. Such
sufferings and hardships made him to conclude that Delayed Justice is Denied Justice. It is
obvious to say that inordinate and unnecessary delay defeats the end of justice. The Apex Court
in its various landmark judgments held that "right to speedy trial is a fundamental right which is
implicit under Art. 21 of the Constitution."
Consequences of Delay in justice
Appellate delays prolong litigation and undermine the public interest in final resolution of
litigants’ disputes. Parties on appeal remain enmeshed in the disputing process and are
unable to get on with their lives and businesses.
Reversal of a trial court decision or remand for further proceedings extends a dispute
even longer. The longer the appellate process takes, the more likely it is that witnesses
will be unavailable, memories will fade, and evidence will be stale when the case is again
before the trial court.
Appellate delays affect not only the parties to the case that is delayed but also the actions
of others who are involved in cases that have similar facts and issues, contributing to
uncertainty in law and in business and social relationships.
Lengthy appellate delays disregard well-documented public concern about court delay.
When appellate courts cannot manage their business well, they contribute to a negative
model of court processes and tend to undermine public trust in the legal system.
The Court in the case of Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar found
that the under-trial prisoners whose list was filed before the Court have been in jail for periods
longer than the maximum term for which they could have been sentenced if convicted. The Court
also recognized the callousness of the legal and judicial system and unjustified deprivation of
personal liberty. The Court also realized the plight of under-trial prisoners who are for most
times, unaware of their right to obtain release on bail or due to poverty, are unable to engage a
lawyer. For this, the need for an adequate and comprehensive legal service program is called for.
Moreover, the court also laid emphasis towards the under-trial prisoners who have been in jail
for more than half the maximum term of imprisonment for which they could be sentenced if
convicted. There is no reason why these under-trial prisoners should be allowed to continue to
languish in jail, merely because of the fault of the State to not try them within a reasonable
period of time. The possibility of some of them being acquitted of the offenses charged against
them yet having spent several years in jail for offenses which they are ultimately found not to
have committed will be detrimental to their freedom of personal liberty. Hence, the speedy trial
of persons accused of offenses becomes essential to ensure that the accused persons do not have
to remain in jail longer than is absolutely necessary.
Conclusion
As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is
equally true. Therefore, sufficient, reasonable and due hearing of every cases with consideration
of its circumstances is the necessary requirement of natural justice and balance of convenience.
In fact, the untiring efforts put by fear and flavourless Indian Judiciary is doing commendable
job of imparting justice in spite of so many difficulties, which created faith of public in the rule
of law is a great achievement, which really requires deep appreciation.
Long delay has also the effect of defeating justice in quite a number of cases. As a result of such
delay, the possibility cannot be ruled out of loss of important evidence, because of fading of
memory or death of witnesses. The consequences thus would be that a party with even a strong
case may lose it, not because of any fault of its own, but because of the tardy judicial process,
entailing disillusionment to all those who at one time, set high hopes in courts. The problem of
delay and huge arrears stares us all and unless we can do something about it, the whole system
would get crushed under its weight. We must guard against the system getting discredited and
people losing faith in it and taking recourse to extra legal remedies with all the sinister
potentialities.
