Conduct a research on Fast track courts. After gaining a good understanding of modern legal procedures, suggest methods to reduce the number of pending cases in the courts. Draft a policy on how legal system can be improved
Answers
Answer: The constitutional guarantee of speedy trial is an important safeguard. It prevents undue and oppressive incarceration prior to trial and limits the possibilities that long delays will impair the ability of an accused to defend himself. The right to free legal aid and speedy trial are implicit in Art.21 of the constitution of India.
The right to a speedy trial is first mentioned in landmark document of English law, the Magna Carta. The concept of right to speedy trial has grown in age by almost two and a half decades. It deals with speedy disposal of cases to make the judiciary more effective and to impart justice as fast as possible but the goal sought to be achieved is yet a far-off peak. Article 21 declares that “no person shall be deprived of his life or personal liberty except according to the procedure laid by law.” Justice Krishna Iyer while dealing with the bail petition in Babu Singh v. State of UP, remarked, “Our justice system even in grave cases, suffers from slow motion syndrome which is lethal to ‘fair trial’ whatever the ultimate decision. Speedy justice is a component of social justice since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.” In Sheela Barse v. Union of India, court reaffirmed that speedy trial to be fundamental right. Right to speedy trial is a concept gaining recognition and importance day by day. There are 3 pillars of social restraint and order in India