BY: ADV. PALAK GUPTA
ADV. SUPREME COURT OF INDIA, BOMBAY HIGH COURT, DELHI HIGH COURT, PUNJAB AND HARYANA HIGH COURT
BSc. L.L.B. L.L.M. (pursuing)
INTRODUCTION
The legal maxim “Justitia negavit moratus est justitia” in literal sense means “Justice delayed is justice denied”. Justice as the most fundamental aspect forming the basic structure of our Indian Constitution is enshirned under its Preamble and can be traced from the fundamental rights. Judiciary and law will have no meaning without its essence. Justice should not only be done but, it should appear to have been done. If Justice has been redressed to a party in untimely fashion, than it is equivalent to no justice given at all. If Kulbhushan Yadav case is finally adjudicated in his favour when he turns 80, justice would have no meaning as already he would have lost the crucial periods of his life in sustaining the punishment which he never deserved. Hence, one can infer the necessity of judicial activism and speedy trial.
SPEEDY TRIAL: NEED OF HOUR
There is no express or specific provision of Speedy Trial in our Constitution but, still its fundamental essence can be traced from Article 21 i.e. Right to life and personal liberty enshirned under Part III of our Indian Constitution. Inordinately long delay in a case can become a presumptive proof of prejudice. If law helps those who timely approach it, without delay as emphasized under “Vigilantibus non dormentibus” i.e. Law helps those who know their rights and do not sleep over them, in turn its duty of law as well to assure that justice is also given timely. The apex court itself has held that:- “No procedure which does not ensure a reasonably quick trial can be regarded as “reasonable, fair or just and I would fall foul of Article 21. There can, therefore, be no doubt that speedy trial and by speedy trial we mean reasonably expeditious trial is an integral and essential part of Fundamental Right to life and liberty enshirned in Article 21”.[1]
MODERN APPROACH TOWARDS SPEEDY JUSTICE
The present 21st century era very well understands the need of Speedy justice and that is why to boost Judicial Activism, the Legal Services Authorities Act, 1987 has privileged us with the constitution of Lok Adalats under Section 19 of the said act. The intention of legislature in constitution of lok adalat is to lower the burden of court and give speedy justice to people.[2] Similarly, Alternative Dispute Resolution Mechanisms in the form of Arbitration, Conciliation, Negotitation etc. have been provided to make speedy justice accessible to all doors. As has been observed appropriately by Hon’ble Supreme Court that if water in the container increases, the solution is not to increase the speed of outlets but, to increase the number of outlets, same approach has been followed to deliver justice in its true sense.
CONCLUSION
The eminent British Professor William E. Gladstone quoted this maxim Justice Delayed is Justice Denied, and same wordings are even found in Magna Carta, author is of the view that there is a need in our nation to overcome the problem of case delay and adjournments by not only increasing the number of courts , but also the number of judges. It is mandatory that each and every judicial and quasi judicial body works effectively so that, justice doesnot die a slow death.
[1] Hussainara Khatoon v. Home Secretary, State of Bihar (I), AIR 1979 SC 1360.
[2] Reference to be made to the words of Justice Krishna Iyer in Abdul Hassan v. Delhi Vidyut Board AIR 1999 Delhi 88.
Advocate In Action 