Supreme Court of India
RANJAN DWIVEDIversusC.B.I., THROUGH THE DIRECTOR GENERAL
- Citation
- 2012 INSC 342
- Decided
- 17 August 2012
- Disposal
- Dismissed
- Bench
- H L DATTU
Holding
The 37‑year delay, being attributable to the accused and not to the prosecution or systemic failure, does not violate the right to a speedy trial, and the trial must continue without imposing a fixed time‑limit.
Summary
The petitioners, accused in the 1975 Samastipur bomb‑blast case, sought quashing of the trial on the ground that a 37‑year delay violated their right to a speedy trial under Article 21 of the Constitution. The Supreme Court examined the jurisprudence on speedy trial, noting that the right is implicit in Article 21 and must be assessed by balancing factors such as length of delay, reasons for delay, the accused’s assertion of the right, and prejudice. It held that the delay was largely caused by the accused’s own adjournment requests and not by the prosecution or systemic failure, and that unquantifiable time‑limits cannot be imposed by the judiciary. Consequently, the Court dismissed the writ petitions, directing the trial judge to proceed on a day‑to‑day basis without unnecessary adjournments.
Issues considered
- The applicability of the right to a speedy trial under Article 21 to a case delayed for 37 years.
- Whether the court can prescribe a statutory time‑limit for the completion of criminal trials or quash proceedings on the ground of delay.
- Who bears the burden of proving prejudice and the cause of delay in speedy‑trial claims.
- Whether the delay attributable to the accused precludes them from invoking the speedy‑trial right.
Legislation cited
- Code of Criminal Procedure, 1973s. 258, s. 309, s. 311, s. 482
- Limitation Act, 1963
Subjects
speedy trialArticle 21right to life and libertycriminal proceduredelay in trialburden of proofpresumption of prejudicejudicial discretionSamastipur bomb blast
Judgment
[2012] 7 S.C.R. 329
RANJAN DWIVEDI A
v.
C.8.1., THROUGH THE DIRECTOR GENERAL
(Writ Petition (Crl.) No. 200 of 2011etc.)
AUGUST 17, 2012.
B
(H. L. DATTU AND CHANDRAMAULI KR. PRASAD, JJ.]
CONSTITUTION OF IND/A, 1950:
Art. 21 - Speedy trial - Samastipur bomb-blast - 37 years c
delay in trial - Held: The Constitution does not expressly
declare the right to speedy trial as a fundamental right -
However, 'reasonably' expeditious trial has been held an
integral and essential part of the fundamental right to life and
liberty enshrined in Art. 21 - Delay, which occasioned by 0
action or inaction of the prosecution is one of the main factors
which will be taken note by the courts while interjecting a
criminal trial - However, unintentional and unavoidable delays
or administrative factors over which prosecution has no control
may be a good cause for failure to complete the trial within a
reasonable time - Such delay cannot be violative of accused's E
right to a speedy trial and needs to be excluded while deciding
whether there is unreasonable and unexplained delay -
Presumptive prejudice is not an alone dispositive of speedy
trial claim and must be balanced against other factors - In the
instant case, the delay is occasional by exceptional F
circumstances - In view of the long adjournments sought by
the accused persons they cannot take advantage or the
benefit of the right of speedy trial by causing the delay and
then use that delay in order to assert their rights.
G
CRIMINAL TRIAL:
Delay in completion of trial - Samastipur bomb-blast - 37
years delay in completion of trial - Held: Prescribing a time
329 H
330 SUPREME COURT REPORTS [2012] 7 S.C.R.
A limit for the trial court to terminate the proceedings or, at the
end thereof, to acquit or discharge the accused in all cases
will amount to legislation, which cannot be done by judicial
directives within the arena of judicial law making power
available to constitutional courts however liberally the courts
B may interpret Arts. 21, 32, 141 and 142 - It is for the criminal
court to exercise powers u/ss 258, 309 and 311 of the Cr.P.C.
to effectuate the right to a speedy trial - In the instant case,
credit should be given to the judicial officers who have taken
care to see that the trial is completed at the earliest, and have
C painstakingly suffered with all the dilatory tactics adopted by
the accused in dragging on with the proceedings for nearly
thirty seven years - The system has done its best, but, has
not achieved the expected result and the instant case,
certainly, will not fit into the category of cases of systemic
D failure - The trial judge is directed to take up the case on day
to day basis and conclude the proceedings as early as
possible, without granting unnecessary and unwarranted
adjournments - Judiciary - Conducting of trial - Appreciated -
Judicial discipline - Precedent - Administration of justice -
E Code of Criminal Procedure, 1973 - ss. 258, 309 and 311 -
Constitution of India, 1950-Arts. 21,32, 141and142.
The instant writ petitions were filed by two of the
accused involved in the assassination of the then
F Railway Minister in the Samastipur bomb-blast which
took place on 2.1.1975. They prayed for quashing of
charges and the trial on the ground of more than 37 years
delay in completion of the trial.
Dismissing the writ petitions, the Court
G
HELD: (Per H.L. Dattu, J)
1.1 In Abdul Rehman Antulay, Kartar Singh and P.
Ramchandra Rao*, this Court has laid down guidelines
as regards the right to speedy trial. The Constitution of
H India does not expressly declare the right to speedy trial
RANJAN DWIVEDI v. C.B.I., THROUGH THE 331
DIRECTOR GENERAL
as a fundamental right. However, in Hussainara A
Khatoon's case a speedy trial has been held to be implicit
in the broad sweep and content of Art. 21 of the
Constitution. Subsequently, in a series of judgments, this
Court has held that 'reasonably' expeditious trial is an
integral and essential part of the Fundamental Right to B
Life and Liberty enshrined in Art. 21. [para 12-15 and 17]
[342-G-H; 352-A-B]
*Abdul Rehman Antulay v. R.S. Nayak, 1991 (3) Suppl.
SCR 325 = (1992) 1 SCC 225, Kartar Singh v. State of c
Punjab, 1994 (2) SCR 375 = (1994) 3 sec 569; P.
Ramachandra Rao v. State of Kamataka, (2002) 4 SCC 578;
Hussainara Khatoon vs. Home Secretary State of Bihar,
Patna 1979 (3) SCR 169 =AIR 1979 SC 1360; Vakil Prasad
Singh v. State of Bihar 2009 (1) SCR 517 = (2009) 3 SCC D
355; Japani Sahoo v. Chandra Sekhar Mohanty 2007 (8)
SCR 582 = (2007) 7 SCC 394; and P. Vijayan v. State of
Kera/a 2010 (2) SCR 78 = (2010) 2 SCC 398;- relied on.
1.2 The guarantee of a speedy trial is intended to
avoid oppression and prevent delay by imposing on the E
court and the prosecution an obligation to proceed with
the trial with a reasonable dispatch. The guarantee serves
a three fold purpose: Firstly, it protects the accused
against oppressive pre-trial imprisonment; secondly, it F
relieves the accused of the anxiety and public suspicion
due to unresolved criminal charges; and lastly, it protects
against the risk that the evidence may be lost or
memories dimmed by the passage of time, thus, impairing
the ability of the accused to defend himself or herself. The G
purpose of both the criminal procedure rules governing
speedy trials and the constitutional provisions, in
particular, Art. 21, is to relieve an accused of the anxiety
associated with a suspended prosecution and provide
reasonably prompt administration of justice. [para 18] H
[352-C-E]
332 SUPREME COURT REPORTS [2012] 7 S.C.R.
A 1.3 The reasons for the delay is one of the factors
which courts would normally assess in determining as
to whether a particular accused has been deprived of his
or her right to speedy trial, including the party to whom
the delay is attributable. Delay, which occasioned by
B action or inaction of the prosecution is one of the main
factors which will be taken note by the courts while
interjecting a criminal trial. A deliberate attempt to delay
the trial, in order to hamper the accused, is weighed
heavily against the prosecution. However, unintentional
C and unavoidable delays or administrative factors over
which prosecution has no control, such as, over-
crowded court dockets, absence of the presiding
officers, strike by the lawyers, delay by the superior forum
in notifying the designated Judge, (in the present case
D only), the matter pending before the other forums,
including High Courts and the Supreme Court and
adjournment of the criminal trial at the instance of the
accused, may be a good cause for the failure to complete
the trail within a reasonable time. Such delay or delays
E cannot be violative of accused's right to a speedy trial
and needs to be excluded while deciding whether there
is unreasonable and unexplained delay. The good cause
exception to the speedy trial requirement focuses on only
one factor i.e. the reason for the delay and the attendant
F circumstances bear on the inquiry only to the extent to
the sufficiency of the reason itself. [para 19) [352-F-H;
353-A-D]
1.4 In the instant case, it has not been disputed that
G prosecution, apart from seeking 4-5 adjournments, right
from 1991 till 2012, is not responsible for delay in any
manner whatsoever. Therefore, the delay in trial of the
petitioners from 1991 to 2012 is solely attributable to
petitioners and other accused persons. [para 19) [353-D-
H E]
RANJAN DWIVEDI v. C.B.I., THROUGH THE 333
DIRECTOR GENERAL
1.5 Presumptive prejudice is not an alone dispositive A
of speedy trial claim and must be balanced against other
factors. The accused has the burden to make some
showing of prejudice, although a showing of actual
prejudice is not required. When the accused makes a
prima-facie showing of prejudice, the burden shifts on the B
prosecution to show that the accused suffered no serious
prejudice. [para 20] [353-F-G]
1.6 Further, the length of the delay is not sufficient
in itself to warrant a finding that the accused was c
deprived of the right to a speedy trial. Rather, it is only
one of the factors to be considered, and must be weighed
against other factors. It is a balancing process while
determining as to whether the accused's right to speedy
trial has been violated or not. [para 21] (354-C, E] 0
1.7 In the instant case, the delay is occasional by
exceptional circumstances. It may not be due to failure
of the prosecution or by the systemic failure but it can
only be said that there is a good cause for the failure to
complete the trial and such delay is not violative of the E
right of the accused for speedy trial. [para 22] (354-F]
2.1 Prescribing a time limit for the trial court to
terminate the proceedings or, at the end thereof, to acquit
or discharge the accused in all cases will amount to F
legislation, which cannot be done by judicial directives
within the arena of judicial law making power available
to constitutional courts however liberally the courts may
interpret Arts. 21, 32, 141 and 142. It is for the criminal
court to exercise powers u/ss 258, 309 and 311 of the G
Cr.P.C. to effectuate the right to a speedy trial. In an
appropriate case, directions from the High Court u/s 482
Cr.P.C. and Art. 226/227 can be invoked to seek
appropriate relief. (para 23] (354-G-H; 355-D]
H
334 SUPREME COURT REPORTS [2012] 7 S.C.R.
A Ramchandra Rao P. v. State of Kamataka (2002) 4 SCC
578 - followed.
State through CBI v. Narayan Waman Nerukar (Dr), 2002
(1) Suppl. SCR 676 = (2002) 7 SCC 6; and State of
8 Rajasthan v. lkbal Hussen, 2004 (4) Suppl. SCR 189 =
(2004) 12 sec 499 - referred to.
Raj Deo (//) v. State of Bihar 1999 (3) Suppl. SCR 124
= (1999) 7 SCC 604; Raj Deo Sharma v. State of Bihar,
(1998) 7 SCC 507; Common Cause, A Registered Society
C =
v. Union of India, 1996 (2) Suppl. SCR 196 (1996) 4 SCC
33 - stood overruled
2.2 In view of the settled position of law and,
particularly, in the facts of the case, and the long
D adjournments sought by the accused person~, who are
seven in number, they cannot take advantage or the
benefit of the right of speedy trial by causing the delay
and then use that delay in order to assert their rights.
(para 24] (355-E-F]
E
2.3 In the instant case, this Court should certainly
give credit to the judicial officers, who have painstakingly
suffered with all the dilatory tactics adopted by the
accused in dragging on with the proceedings for nearly
F thirty seven years. They do deserve appreciation while
conducting such a trial. It can certainly be said that the
system has not failed, but, accused have been
successful in dragging on the proceedings to a stage
where, if it is drawn further, it may snap the Justice
G Delivery System. The Court is also conscious of the fact
that more than thirty Judges had tried this case at one
stage or the other, but, all of them have taken care to see
that the trial is completed at the earliest. The system has
done its best, but, has not achieved the expected result;
H
RANJAN DWIVEDI v. C.8.1., THROUGH THE 335
DIRECTOR GENERAL
and the instant case certainly will not fit into the category A
of cases of systemic failure. [para 25] [355-H; 356-A-E]
2.4. As on date, the statements of accused u/s 313
CrPC have been recorded, the Court witnesses have
been examined as well as the recording of statements of 8
defence witness is also complete and it has been
informed that the matter is posted for arguments.
Therefore, at this stage the one and the only direction that
requires to be issued is to direct the trial judge to take
up the case on day to day basis and conclude the c
proceedings as early as possible, without granting
unnecessary and unwarranted adjournments. [para 3
and 25] [337-H; 338-A-B; 356-E-F]
Per Chandramauli Kr. Prasad, J (Concurring)
D
1.1 Judicial discipline expects this Court to follow the
ratio and prohibits laying down any principle in
derogation of the ratio laid down by the earlier decisions
of the Constitution Benches of this Court. [para 7] [357-
H; 358-A] E
Abdul Rehman Antulay v. R.S. Nayak (1992) 1 SCC 225;
P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC
578 - followed.
1.2 As has been held by this Court in P. F
Ramachandra Rao, the propositions emerging from Art.
21 of the Constitution and expounding the right to
speedy trial laid down as guidelines in Abdul Rehman
Antulay's case adequately take care of right to speedy
trial. The facts of the instant case do not justify quashing G
of the prosecution. Therefore, the trial cannot be
terminated merely on the ground of delay without
considering the reasons thereof. [para 9-11] [358-D, F-G]
H
336 SUPREME COURT REPORTS [2012] 7 S.C.R.
A Case Law Reference:
(As Per H.L. Dattu, J)
2002 (1) Suppl. SCR 676 referred to para 7
B 2009 (1) SCR 517 relied on para 8
2007 (8) SCR 582 relied on para 9
2010 (2) SCR 78 relied on para 10
1991 (3) Suppl. SCR 325 relied on para 12
c
1994 (2) SCR 375 relied on para 12
2002 (4) sec 578 relied on para 12
1979 (3) SCR 169 relied on para 17
D 1999 (3) Suppl. SCR 124 stood overruled para 23
(1998) 1 sec 507 stood overruled para 23
1996 (2) Suppl. SCR 196 stood overruled para 23
E 2004 (4) Suppl. SCR 189 referred to para 23
(As Per Chandramauli Kr. Prasad, J.)
1992 (1) sec 225 followed para 7
F 2002(4) sec 578 followed para 7
CRIMINAL ORIGINAL JWRISDICTION : Writ Petition (Crl.)
Nos. 200 of 2011 etc.
Under Article 32 of the Constitution of India.
G WITH
W.P. (Crl.) No. 205 of 2011.
H.P. Raval, ASG, T.R. Andhyarujina, S.C. Patel, M.L.
Lahoty, R.S. Sharma, Feroz Ahmad, Paban Kumar Sharma,
H Arvind Tiwary, Shabnam, Saumik Ghosal, Arvind Kumar, Laxmi
RANJAN DWIVEDI v. C.B.I., THROUGH THE 337
DIRECTOR GENERAL
Arvind, Poonam Prasad, Pradeep Kumar Mathur, Rajiv Nanda, A
P.K. Dey, Sreeniwas Khalap, Arvind Kumar Sharma for the
appearing parties.
The Judgment of the Court was delivered by
H.L. DATTU, J. 1. Reliefs sought in both the Writ Petitions B
are one and the same; therefore, they are disposed of by this
common judgment.
2. These Criminal Writ Petitions, filed under Article 32 of
the Constitution of India, seek for the enforcement of petitioner's c
fundamental right of "speedy trial" and for "quashing of
Sessions Trial No. SC1/06", pending on the file of learned
Additional Sessions Judge (East), Kakardooma Courts, Delhi.
3. The petitioners herein are the accused and tried for the
assassination of Shri. L.N. Mishra, the then Union Railway D
Minister. It is the case of the prosecution that Shri. L.N. Mishra
was injured in a bomb-blast at the Railway Station, Samastipur
on 2.01.1975 and later succumbed to his injuries on 3.01.1975.
The initial investigation was conducted by the Bihar C.l.D. and
subsequently it was transferred to the Central Bureau of E
Investigation (for short, 'C.B.I.') who filed charge sheet on
10.11.1975. Thereafter, this .case was transferred by this Court
to Delhi vide its order dated 17 .12.1979 due to interference by
the then Bihar Government. Learned Additional Sessions
Judge, Karkardooma, Delhi, after framing the charges, initiated F
trial against the accused persons but, unfortunately, the trial is
still pending for the past 37 years. In 1987, the Petitioner(s) had
preferred a Writ Petition (Crl.) No. 268/87 before this Court for
quashing of the charges and proceedings in view of pending
trial for over 12 years. This Court had disposed of the writ G
petitions vide its Order dated 10.12.1991 with a direction to
the trial court to expeditiously complete the trial on day to day
basis. However, the trial is still pending before the Learned
Additional Sessions Judge despite the direction of this Court
to expeditiously complete the trial. As of now, the statements H
338 SUPREME COURT REPORTS [2012] 7 S.C.R.
A of accused under Section 313 of the Criminal Procedure Core
(for short, 'Cr. P.C.') have been recorded, the Court witnesses
have been examined as well as the recording of statements of
defence witness is also complete and at the time of hearing of
these petitions, we are informed by the learned counsel that the
B matter is now posted for arguments.
4. In view of delay in completion of trial for more than 37
years from date of the trial till date, the Petitioners have
preferred the present Writ Petitions praying for quashing of the
charges and trial.
c
5. Shri. T.R. Andhyarujina, learned Senior Counsel submits
that the trial in the present case has been dragged on for more
than 37 years and is still continuing and this amounts to
violation of fundamental right of the accused to get speedy trial.
D He would submit that this Court has declared that right to
speedy trial is a requirement under Article 21 of the Constitution
guaranteeing right to life and liberty of a citizen. He would
submit that better part of the life of the accused-petitioner has
already been spent in the jail during trial and still, his fate is
E hanging in balance. He would contend that whether the accused
would get convicted or acquitted is immaterial. The question
here is; whether any judicial system would tolerate such as
inordinate delay? Should the Supreme Court allow it to continue
any more? He would further contend that this is a unique case
F for two reasons. Firstly, the prolongation of criminal trial is as
long as 37 years and petitioners have spent better part of their
human life in the jail. Secondly, this Court in the year 1991 while
disposing of the petitioners writ petition, had issued specific
directions to the trial Gourt to expeditiously complete the trial,
G which mandate has been conveniently ignored by the trial court,
which amounts to total ignorance and indifference to the
directions issued by this Court. He would further contend that
the fact that the judicial system works in a particular way cannot
be a justification for its failure to complete the trial. He would
submit that Article 21 not only protects the accused but also
H
RANJAN DWIVEDI v. C.B.I., THROUGH THE 339
DIRECTOR GENERAL [H.L. DATTU, J.]
takes into consideration the sufferings faced by his family A
members. He would submit systemic failure has sufficiently
punished the petitioners and the very fact of delay shows
prejudice caused to the petitioners. He would further submit that
this is the ideal case where this Court can correct the short-
fallings in the criminal justice delivery system by limiting the time B
for the completion of the trial. He would point out that this Court,
on the earlier occasion, had issued direction to the trial court
to expeditiously complete the trial on day to day basis, but even
after two decades, the trial is still not complete in the year 2012.
He would submit that this Court may quash the excruciatingly c
long trial on the ground that it is a unique case which has not
only seriously prejudiced petitioners but also brutally violated
their right to speedy trial, which is a part of their right to life. He
would contend that in a case of delay of 10 to 15 years, this
Court can order for expeditious completion of the trial, but not 0
in a case where the delay is for more than 37 years, and
therefore, this Court should certainly intervene and give quietus
to the trial.
6. The Petitioner in W.P. (Crl.) No. 205 of 2011 is
represented by Shri. Arvind Kumar, learned Counsel. He E
adopts the arguments canvassed by Shri. T.R. Andhyarujina,
learned Senior Counsel.
7. Shri Raval, learned ASG submits that this Court has
once rejected the plea of petitioners for quashing the trial on F
the ground of delay in December, 1991. Therefore, the
petitioners are not entitled for the same relief which was om;e
negatived by this Court. He would then submit, that, the
prosecution is not responsible in any manner for the delay
caused in the trial from December 1991 till date. He would read G
out a detailed list of dates pertaining to the proceedings and
orders of the trial Court. He would further submit that prosecution
has sought for adjournments only on three or four occasions for
good and valid reasons and there is no deliberate intention on
the part of the prosecution to postpone the trial. The learned
H
340 SUPREME COURT REPORTS (2012] 7 S.C.R.
A ASG relies on the decision of this Court in State v. Narayan
Waman Nerukar (Dr), (2002) 7 SCC 6. In the said case, the
accused was charged with the offences punishable under
Sections 3 and 5 of the Official Secret Act and Section 120-8
of the IPC. The Magistrate had taken cognizance vide its order
B dated 16.08.1999 and issued process. The accused
approached the High Court for quashing of the criminal
proceedings on the ground of delay. The High Court quashed
the proceedings on the ground of unnecessary delay of 12
years. The prosecution approached this Court against the order
c of the High Court. This Court while setting aside the order of
the High Court remanded the matter to the High Court for fresh
disposal after considering all the relevant factors including that
criminal courts are not obliged to terminate trial of criminal
proceedings merely on account of lapse of time. This Court has
observed, that, while considering the issue of delay in trial there
0
are some relevant factors which ought to be taken into
consideration by the court such as, whether the prolongation
was on account of any delaying tactics adopted by the accused
and other relevant aspects which contributed to the delay,
E number of witnesses examined, volume of documents likely to
be exhibited, nature and complexity of the offence which is
under investigation or adjudication. There can be no empirical
formula of universal application in such matters. Each case has
to be judged in its own background and special features, if any.
No generalization is possible and should be done.
F
8. He would further rely on the decision of this Court in
Vakil Prasad Singh v. State of Bihar (2009) 3 SCC 355,
wherein the charge sheet was filed after the completion of
investigation and subsequently, the learned Magistrate took
G cognizance vide its orders dated 20.02.1982, but nothing
substantial did happen till 1987. Thereafter, the accused
approached the High Court for fresh investigation as the
Investigating Officer had no jurisdiction to investigate. The High
Court vide its order dated 07.12.1990 quashed the order of
H cognizance taken by the Magistrate and ordered fresh
RANJAN DWIVEDI v. C.8.1., THROUGH THE 341
DIRECTOR GENERAL [H.L. DATTU, J.]
investigation. Nothing was done till 1988. The accused again A
approached the High Court for quashing of entire criminal
proceedings on the ground that re-investigation has not been
initiated by the prosecuting agency. Subsequently, the re-
investigation was ordered only in the year 2007 and fresh
charge-sheet was filed. The High Court dismissed such petition B
filed by the accused. However, this Court found that there is
inordinate delay and has quashed the proceeding. This Court
has observed that the speedy trial in all criminal prosecutions
is an inalienable right under Article 21 of the Constitution. This
right is applicable not only to the actual proceedings in court c
but also includes within its sweep the preceding police
investigations as well. In every case, where the right to speedy
trial is alleged to have been infringed, the court has to perform
the balancing act by taking into consideration all the attendant
circumstances, and determine in each case as to whether the
0
right to speedy trial has been actually denied in a given case.
9. Shri Raval further relied on the decision of this Court in
Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC
394, in support of his argument that the general rule of criminal
justice is that "a crime never dies". This Court noted that this E
principle is reflected in the well-known maxim nullum tempus
aut locus occurrit regi (lapse of time is no bar to Crown in
proceeding against offenders). This Court further observed that
the Limitation Act, 1963 (for short the 'Act') does not apply to
criminal proceedings unless there are express and specific F
provisions to that effect, for instance, Articles 114, 115, 131 and
132 of the Act. It is settled law that a criminal offence is
considered as a wrong against the State and the society even
though it has been committed against an individual. Normally,
in serious offences, prosecution is launched by the State and G
a court of law has no power to throw away prosecution solely
on the ground of delay. Mere delay in approaching a court of
law would not by itself, afford a ground for dismissing the case,
though it may be a relevant circumstance in reaching a final
w~ict. H
342 SUPREME COURT REPORTS [2012] 7 S.C.R.
A 10. Shri Raval also relied on the decision of this Court in
P. Vijayan v. State of Kerala, (2010) 2 SCC 398, where one
naxalite extremist was killed in a police encounter in 1970.
However, in 1988, a newspaper article was published that the
encounter in which the said naxalite was killed, was a fake one
B and some Senior Police Officers were responsible for it. On
the basis of these reports, writ petitions were filed before the
High Court of Kerala, wherein, one Constable filed a counter
affidavit, making a confessional statement that he shot the said
naxalite on the instructions of his Senior Officer. The High Court
C vide its order dated 27.01.1999, directed the CBI to register
the F.l.R. for killing of the naxalite in a fake encounter. The
accused preferred a petition under Section 227 of the Cr.P.C.
before the trial court. The same was dismissed. Thereafter, the
accused filed a Criminal Revision Petition before the High
Court. The same was also dismissed. Being aggrieved, the
0
accused approached this Court. This Court, while dismissing
his appeal, has observed that at this stage, it cannot be
claimed that there is no sufficient ground for proceeding
against the appellant and discharge is the only course open.
Further, whether the trial will end in conviction or acquittal is also
E immaterial. It is also observed that the question whether the
materials at the hands of the prosecution are sufficient or not
are matters for trial.
11. Shri Raval would conclude his submission by stating
F that the real purpose of the criminal proceedings is to find out
the truth which can only be done after the conclusion of the trial.
12. We preface our decision by extracting certain
observations made by this Court in Abdul Rehman Antulay v.
R. S. Na yak, (1992) 1 SCC 225, Kartar Singh v. State of
G Punjab, (1994) 3 SCC 569 and P. Ramachandra Rao v. State
of Karnataka, (2002) 4 SCC 578.
13. The Constitution Bench, in Abdul Rehman Antulay v.
R.S. Nayak, (supra), has formulated certain propositions, 11
H in number, meant to serve as guidelines. They are :
RANJAN DWIVEDI v. C.B.I., THROUGH THE 343
DIRECTOR GENERAL [H.L. DATTU, J.]
"86. In view of the above discussion, the following A
propositions emerge, meant to serve as guidelines. We
must forewarn that these propositions are not exhaustive.
It is difficult to foresee all situations. Nor is it possible to
lay down any hard and fast rules. These propositions are:
B
(1) Fair, just and reasonable procedure implicit in Article
21 of the Constitution creates a right in the accused to be
tried speedily. Right to speedy trial is the right of the
accused. The fact that a speedy trial is also in public
interest or that it serves the social interest also, does not C
make it any the less the right of the accused. It is in the
interest of all concerned that the guilt or innocence of the
accused is determined as quickly as possible in the
circumstances.
(2) Right to speedy trial flowing from Article 21 D
encompasses all the stages, namely the stage of
investigation, inquiry, trial, appeal, revision and re-trial. That
is how, this Court has understood this right and there is
no reason to take a restricted view.
E
(3) The concerns underlying the right to speedy trial
from the point of view of the accused are:
(a) the period of remand and pre-conviction
detention should be as short as possible. In
other words, the accused should not be F
subjected to unnecessary or unduly long
incarceration prior to his conviction;
(b) the worry, anxiety, expense and disturbance
to his vocation and peace, resulting from an G
unduly prolonged investigation, inquiry or trial
should be minimal; and
(c) undue delay may well result in impairment of
the ability of the accused to defend himself,
H
344 SUPREME COURT REPORTS [2012] 7 S.C.R.
A whether on account of death, disappearance
or non-availability of witnesses or otherwise.
(4) At the same time, one cannot ignore the fact that
it is usually the accused who is interested in delaying the
proceedings. As is often pointed out, "delay is a known
B
defence tactic". Since the burden of proving the guilt of the
accused lies upon the prosecution, delay ordinarily
prejudices the prosecution. Non-availability of witnesses,
disappearance of evidence by lapse of time really work
against the interest of the prosecution. Of course, there
c may be cases where the prosecution, for whatever reason,
also delays the proceedings. Therefore, in every case,
where the right to speedy trial is alleged to have been
infringed, the first question to be put and answered is - who
is responsible for the delay? Proceedings taken by either
D party in good faith, to vindicate their rights and interest, as
perceived by them, cannot be treated as delaying tactics
nor can the time taken in pursuing such proceedings be
counted towards delay. It goes without saying that frivolous
proceedings or proceedings taken merely for delaying the
E day of reckoning cannot be treated as proceedings taken
in good faith. The mere fact that an application/petition is
admitted and an order of stay granted by a superior court
h; by itself no proof that the proceeding is not frivolous.
Very often these stays are obtained on ex parte
F representation.
(5) While determining whether undue delay has
occurred (resulting in violation of Right to Speedy Trial) one
must have regard to all the attendant circumstances,
including nature of offence, number of accused and
G
witnesses, the workload of the court concerned, prevailing
local conditions and so on - what is called, the systemic
delays. It is true that it is the obligation of the State to
ensure a speedy trial and State includes judiciary as well,
but a realistic and practical approach should be adopted
H in such matters instead of a pedantic one.
RANJAN DWIVEDI v. C.B.I., THROUGH THE 345
DIRECTOR GENERAL [H.L. DATTU, J.]
(6) Each and every delay does not necessarily A
prejudice the accused. Some delays may indeed work to
his advantage. As has been observed by Powell, J. in
Barker "it cannot be said how long a delay is too long in a
system where justice is supposed to be swift but
deliberate". The same idea has been stated by White, J. s
in U.S. v. Ewell in the following words:
... the Sixth Amendment right to a speedy trial is
necessarily relative, is consistent with delays, and
has orderly expedition, rather than mere speed, as
its essential ingredients; and whether delay in C
completing a prosecution amounts to an
unconstitutional deprivation of rights depends upon
all the circumstances.'
However, inordinately long delay may be taken as D
presumptive proof of prejudice. In this context, the
fact of incarceration of accused will also be a
relevant fact. The prosecution should not be allowed
to become a persecution. But when does the
prosecution become persecution, again depends E
upon the facts of a given case.
(7) We cannot recognize or give effect to, what is
called the 'demand' rule. An accused cannot try himself;
he is tried by the court at the behest of the prosecution.
Hence, an accused's plea of denial of speedy trial cannot F
be defeated by saying that the accused did at no time
demand a speedy trial. If in a given case, he did make
such a demand and yet he was not tried speedily, it would
be a plus point in his favour, but the mere non-asking for
a speedy trial cannot be put against the accused. Even in G
USA, the relevance of demand rule has been substantially
watered down in Barker and other succeeding cases.
(8) Ultimately, the court has to balance and weigh the
several relevant factors - 'balancing test' or 'balancing H
346 SUPREME COURT REPORTS [2012] 7 S.C.R.
A process' - and determine in each case whether the right
to speedy trial has been denied in a given case.
(9) Ordinarily speaking, where the court comes to the
conclusion that right to speedy trial of an accused has been
infringed the charges or the conviction, as the case may
B
be, shall be quashed. But this is not the only course open.
The nature of the offence and other circumstances in a
given case may be such that quashing of proceedings
may not be in the interest of justice. In such a case, it is
open to the court to make such other appropriate order -
c including an order to conclude the trial within a fixed time
where the trial is not concluded or reducing the sentence
where the trial has concluded - as may be de~med just and
equitable in the circumstances of the case.
D (10) It is neither advisable nor practicable to fix any
time-limit for trial of offences. Any such rule is bound to be
qualified one. Such rule cannot also be evolved merely to
shift the burden of proving justification on to the shoulders
of the prosecution. In every case of complaint of denial of
E right to speedy trial, it is primarily for the prosecution to
justify and explain the delay. At the same time, it is the duty
of the court to weigh all the circumstances of a given case
before pronouncing upon the complaint. The Supreme
Court of USA too has repeatedly refused to fix any such
F outer time-limit in spite of the Sixth Amendment. Nor do
we think that not fixing any such outer limit ineffectuates
the guarantee of right to speedy trial.
(11) An objection based on denial of right to speedy
trial and for relief on that account, should first be addressed
G to the High Court. Even if the High Court entertains such
a plea, ordinarily it should not stay the proceedings, except
in a case of grave and exceptional nature. Such
proceedings in High Court must, however, be disposed of
on a priority basis."
H
RANJAN DWIVEDI v. C.B.I., THROUGH THE 347
DIRECTOR GENERAL [H.L. DATTU, J.]
14. In Kartar Singh v. State of Punjab, (supra), another A
Constitution Bench considered the right to speedy trial and
opined that the delay is dependent on the circumstances of each
case, because reasons for delay will vary. This Court held:
"84. The right to a speedy trial is a derivation from a B
provision of Magna Carta. This principle has also been
incorporated into the Virginia Declaration of Rights of
1776 and from there into the Sixth Amendment of the
Constitution of United States of America which reads, "In
all criminal prosecutions, the accused shall enjoy the right C
to a speedy and public trial ... ". It may be pointed out, in this
connection, that there is a Federal Act of 1974 called
'Speedy Trial Act' establishing a set of time-limits for
carrying out the major events, e.g., information, indictment,
arraignment, in the prosecution of criminal cases. [See
Black's Law Dictionary, 6th Edn. page 1400]. D
85. The right to a speedy trial is not only an important
safeguard to prevent undue and oppressive incarceration,
to minimise anxiety and concern accompanying the
accusation and to limit the possibility of impairing the E
ability of an accused to defend himself but also there is a
societal interest in providing a speedy trial. This right has
been actuated in the recent past and the courts have laid
down a series of decisions opening up new vistas of
fundamental rights. In fact, lot of cases are coming before F
the courts for quashing of proceedings on the ground of
inordinate and undue delay stating that the invocation of this
right even need not await formal indictment or charge.
86. The concept of speedy trial is read into Article
21 as an essential part of the fundamental right to life and G
liberty guaranteed and preserved under our Constitution.
The right to speedy trial begins with the actual restraint
imposed by arrest and consequent incarceration and
continues at all stages, namely, the stage of investigation,
inquiry, trial, appeal and revision so that any possible H
348 SUPREME COURT REPORTS [2012] 7 S.C.R.
A prejudice that may result from impermissible and avoidable
delay from the time of the commission of the offence till it
consummates into a finality, can be averted. In this context,
it may be noted that the constitutional guarantee of speedy
trial is properly reflected in Section 309 of the Code of
B Criminal Procedure.
87. This Court in Hussainara Khatoon (I) v. Home
Secretary, State of Bihar while dealing with Article 21 of
the Constitution of India has observed thus: (SCC p. 89,
para 5)
c
"No procedure which does not ensure a reasonably
quick trial can be regarded as 'reasonable, fair or just' and
it would fall foul of Article 21. There can, therefore, be no
doubt that speedy trial, and by speedy trial we mean
D reasonably expeditious trial, is an integral and essential
part of the fundamental right to life and liberty enshrined
in Article 21. The question which would, however, arise is
as to what would be the consequence if a person accused
of an offence is denied speedy trial and is sought to be
E deprived of his liberty by imprisonment as a result of a long
delayed trial in violation of his fundamental right under
Article 21. Would he be entitled to be released
unconditionally freed from the charge levelled against him
on the ground that trying him after an unduly long period
of time and convicting him after such trial would constitute
F
violation of his fundamental right under Article 21."
See also (1) Sunil Batra v. Delhi Administration (I),
(2) Hussainara Khatoon (/) v. Home Secretary, State of
Bihar, (3) Hussainara Khatoon (IV) v. Home Secretary,
G State of Bihar, Patna, (4) Hussainara Khatoon (VI) v.
Home Secretary, State of Bihar, Govt. of Bihar, Patna, (5)
Kadra Pahadia v. State of Bihar (//), (6) T. V.
Vatheeswaran v. State of T.N., and (7) Abdul Rehman
Antulay v. R.S. Nayak.
\H
RANJAN DWIVEDI v. C.B.I., THROUGH THE 349
DIRECTOR GENERAL [H.L. DATTU, J.]
88. Thus this Court by a line of judicial A
pronouncements has emphasised and re-emphasised that
speedy trial is one of the facets of the fundamental right to
life and liberty enshrined in Article 21 and the law must
ensure 'reasonable, just and fair' procedure which has a
creative connotation after the decision of this Court in B
Maneka Gandhi."
The Court further observed :
"92. Of course, no length of time is per se too long
to pass scrutiny under this principle nor the accused is C
called upon the show the actual prejudice by delay of
disposal of cases. On the other hand, the court has to adopt
a balancing approach by taking note of the possible
prejudices and disadvantages to be suffered by the
accused by avoidable delay and to determine whether the D
accused in a criminal proceeding has been deprived of his
right of having speedy trial with unreasonable delay which
could be identified by the factors - (1) length of delay, (2)
the justification for the delay, (3) the accused's assertion
of his right to speedy trial, and (4) prejudice caused to the E
accused by such delay. However, the fact of delay is
dependent on the circumstances of each case because
reasons for delay will vary, such as delay in investigation
on account of the widespread ramification of crimes and
its designed network either nationally or internationally, the F
deliberate absence of witness or witnesses, crowded
dockets on the file of the court etc."
15. Seven learned Judges of this Court in the case of P.
Ramachandra Rao v. State of Kamataka, (supra), after an
exhaustive consideration of the authorities on the subject, has G
observed:-
"29. For all the foregoing reasons, we are of the opinion
that in Common Cause case(/) [as modified in Common
Cause (//)] and Raj Dea Sharma (/) and (II) the Court could H
350 SUPREME COURT REPORTS (2012] 7 S.C.R.
A not have prescribed periods of limitation beyond which the
trial of a criminal case or a criminal proceeding cannot
continue and must mandatorily be closed followed by an
order acquitting or discharging the accused. In conclusion
we hold:
B
(1) The dictum in A.R. Antulay case is correct and
still holds the field.
(2) The propositions emerging from Article 21 of the
Constitution and expounding the right to speedy trial laid
c down as guidelines in A.R. Antulay case adequately take
care of right to speedy trial. We uphold and reaffirm the
said propositions.
(3) The guidelines laid down in A.R. Antulay case are
D not exhaustive but only illustrative. They are not intended
to operate as hard-and-fast rules or to be applied like a
straitjacket formula. Their applicability would depend on
the fact situation of each case. It is difficult to foresee all
situations and no generalization can be made.
E (4) It is neither advisable, nor feasible, nor judicially
permissible to draw or prescribe an outer limit for
conclusion of all criminal proceedings. The time-limits or
bars of limitation prescribed in the several directions made
in Common Cause (I), Raj Dea Sharma (I) and Raj Dea
F Sharma (II) could not have been so prescribed or drawn
and are not good law. The criminal courts are not obliged
to terminate trial or criminal proceedings merely on
account of lapse of time, as prescribed by the directions
made in Common Cause case (I), Raj Dea Sharma case
G (I) and (II). At the mo'st the periods of time prescribed in
those decisions can be taken by the courts seized of the
trial or proceedings to act as reminders when they may be
persuaded to apply their judicial mind to the facts and
circumstances of the case before them and determine by
H taking into consideration the several relevant factors as
RANJAN DWIVEDI v. C.B.I., THROUGH THE 351
DIRECTOR GENERAL [H.L. DATTU, J.]
pointed out in A.R. Antulay case and decide whether the A
trial or proceedings have become so inordinately delayed
as to be called oppressive and unwarranted. Such time-
limits cannot and will not by themselves be treated by any
court as a bar to further continuance of the trial or
proceedings and as mandatorily obliging the court to B
terminate the same and acquit or discharge the accused.
(5) The criminal courts should exercise their available
powers, such as those under Sections 309, 311 and 258
of the Code of Criminal Procedure to effectuate the right C
to speedy trial. A watchful and diligent trial Judge can
prove to be a better protector of such right than any
guidelines. In appropriate cases, jurisdiction of the High
Court under Section 482 CrPC and Articles 226 and 227
of the Constitution can be invoked seeking appropriate
relief or suitable directions. D
(6) This is an appropriate occasion to remind the
Union of India and the State Governments of their
constitutional obligation to strengthen the judiciary -
quantitatively and qualitatively - by providing requisite E
funds, manpower and infrastructure. We hope and trust that
the Governments shall act."
16. The criminal case involving assassination of L. N.
Misra, the then Union Minister for Railways, on January 02,
1975 is still pending in 2012, i.e. even after a lapse of thirty
F
seven years. As a result, two of the accused has moved these
petitions for acquittal. We have given our consideration to the
submissions made by learned Senior Counsel, Shri
Andhyarujina, who repeatedly emphasised that this case is the
unique case and this Court has not seen such a case earlier G
and may not see in future. We do not intend to comment on
this statement. We can only observe, that, our legal system has
made life too easy for criminals and too difficult for law abiding
citizens.
H
352 SUPREME COURT REPORTS [2012] 7 S.C.R.
A 17. Our Constitution does not expressly declare that right
to speedy trial as a fundamental right. The right to a speedy
trial was first recognised in the Hussainara Khatoon's case,
AIR 1979 SC 1360, wherein, the court held that a speedy trial
is implicit in the broad sweep and content of Article 21 of the
s Constitution. Subsequently, in a series of judgments, this Court
has held that 'reasonably' expeditious trial is an integral and
e&sential part of the Fundamental Right to Life and Liberty
enshrined in Article 21 of the Constitution of India.
18. The guarantee of a speedy trial is intended to avoid
C oppression and prevent delay by imposing on the court and the
prosecution an obligation to proceed with the trial with a
reasonable dispatch. The guarantee serves a three fold
purpose. Firstly, it protects the accused against oppressive pre-
trial imprisonment; secondly, it relieves the accused of the
D anxiety and public suspicion due to unresolved criminal charges
and lastly, it protects against the risk that evidence will be lost
or memories dimmed by the passage of time, thus, impairing
the ability of the accused to defend him or herself. Stated
another way, the purpose of both the criminal procedure rules
E governing speedy trials and the constitutional provisions, in
particular, Article 21, is to relieve an accused of the anxiety
associated with a suspended prosecution and provide
reasonably prompt administration of justice.
F 19. The reasons for the delay is one of the factors which
courts would normally assess in determining as to whether a
particular accused has been deprived of his or her right to
speedy trial, including the party to whom the delay is attributable.
Delay, which occasioned by action or inaction of the
G prosecution is one of the main factors which will be taken note
by the courts while interjecting a criminal trial. A deliberate
attempt to delay the trial, in order to hamper the accused, is
weighed heavily against the prosecution. However, unintentional
and unavoidable delays or administrative factors over which
H prosecution has no control, such as, over-crowded court
RANJAN DWIVEDI v. C.B.I., THROUGH THE 353
DIRECTOR GENERAL [H.L. DATTU, J.]
dockets, absence of the presiding officers, strike by the lawyers, A
delay by the superior forum in notifying the designated Judge,
(in the present case only), the matter pending before the other
forums, including High Courts and Supreme Courts and
adjournment of the criminal trial at the instance of the accused,
may be a good cause for the failure to complete the trail within B
a reasonable time. This is only illustrative and not exhaustive.
Such delay or delays cannot be violative of accused's right to
"a :::)eedy trial and needs to be excluded while deciding whether
there is unreasonable and unexplained delay. The good cause
exception to the speedy trial requirement focuses on only one c
factor i.e. the reason for the delay and the attending
circumstances bear on the inquiry only to the extent to the
sufficiency of the reason itself. Keeping this settled position in
view, we have perused the note prepared by Shri Raval,
learned ASG. Though, the note produced is not certified with
0
copies of the order sheets maintained by the trial court, since
they are not disputed by the other side, we have taken the
information furnished therein as authentic. The note reveals that
prosecution, apart from seeking 4-5 adjournments, right from
1991 till 2012, is not responsible for delay in any manner
whatsoever. Therefore, in our opinion the delay in trial of the E
petitioners from 1991 to 2012 is solely attributable to
petitioners and other accused persons.
20. Second limb of the argument of the learned Senior
Counsel Shri Andhyarujina is that the of failure of completion F
of trial has not only caused great prejudice to the petitioners
but also their family members. Presumptive prejudice is not an
alone dispositive of speedy trial claim and must be balanced
against other factors. The accused has the burden to make
some showing of prejudice, although a showing of actual G
prejudice is not required. When the accused makes a prima-
facie showing of prejudice, the burden shifts on the prosecution
to show that the accused suffered no serious prejudice. The
question of how great lapse it is, consistent with the guarantee
of a speedy trial, will depend on the facts and circumstances H
354 SUPREME COURT REPORTS [2012] 7 S.C.R.
A of each case. There is no basis for holding that the right to
speedy trial can be quantified into specified number of days,
months or years. The mere passage of time is not sufficient to
establish denial of a right to a speedy trial, but a lengthy delay,
which is presumptively prejudicial, triggers the examination of
B other factors to determine whether the rights have been violated.
21. The length of the delay is not sufficient in itself to
warrant a finding that the accused was deprived of the right to
a speedy trial. Rather, it is only one of the factors to be
considered, and must be weighed against other factors.
C Moreover, among factors to be considered in determining
whether the right to speedy trial of the accused is violated, the
length of delay is least conclusive. While there is authority that
even very lengthy delays do not give rise to a per se conclusion
of violation of constitutional rights, there is also authority that
D long enough delay could constitute per se violation of right to
speedy trial. In our considered view, the delay tolerated varies
with the complexity of the case, the manner of proof as well as
gravity of the alleged crime. This, again, depends on case to
case basis. There cannot be universal rule in this regard. It is
E a balancing process while determining as to whether the
accused's right to speedy trial has been violated or not. The
length of delay in and itself, is not a weighty factor.
22. In the present case, the delay is occasional by
F exceptional circumstances. It may not be due to failure of the
prosecution or by the systemic failure but we can only say that
there is a good cause for the failure to complete the trial and
in our view, such delay is not violative of the right of the accused
for speedy trial.
G 23. Prescribing a time limit for the trial court to terminate
the proceedings or, at the end thereof, to acquit or discharge
the accused in all cases will amount to legislation, which cannot
be done by judicial directives within the arena of judicial law
making power available to constitutional courts; however,
H liberally the courts may interpret Articles 21, 32, 141 and 142.
RANJAN DWIVEDI v. C.B.I., THROUGH THE 355
DIRECTOR GENERAL [H.L. DATTU, J.]
(Ramchandra Rao P. v. State of Karnataka, (2002) 4 SCC A
578). The Seven Judges Bench overruled four earlier decision
of this Court on this point: Raj Deo (II) v. State of Bihar, (1999)
7 SCC 604, Raj Deo Sharma v. State of Bihar, (1998) 7 SCC
507; Common Cause, A Registered Society v. Union of India,
(1996) 4 sec 33. The time limit in these four cases was B
contrary to the observations of the Five Judges Bench in A.R.
Antulay (Supra). The Seven Judges Bench in Ramchandra
Rao P. v. State of Kamataka, (Supra) has been followed in
State through CBI v. Dr. Narayan Waman Nerukar, (2002) 7
SCC 6 and State of Rajasthan v. lkbal Hussen, (2004) 12 c
SCC 499. It was further observed that it is neither advisable,
feasible nor judicially permissible to prescribe an outer limit for
the conclusion of all criminal proceedings. It is for the criminal
court to exercise powers under Sections 258, 309 and 311 of
the Cr.P.C. to effectuate the right to a speedy trial. In an
0
appropriate case, directions from the High Court under Section
482 Cr.P.C. and Article 2261227 can be invoked to seek
appropriate relief.
24. In view of the settled position of law and particularly in
the facts of the present case, we are not in agreement with the E
submissions made by learned Senior Counsel, Shri. T.R.
Andhyarujina. Before we conclude, we intend to say, particularly,
looking into long adjournments sought by the accused persons,
who are seven in number, that accused cannot take advantage
or the benefit of the right of speedy trial by causing the delay F
and then use that delay in order to assert their rights.
25. The learned Senior Counsel would tell us, please don't
look who caused the delay in completing the trial but only look
at whether there is delay in completion of the trial and if it is G
there, please put a big "full stop" for the trial. In our view, this
submission of the learned Senior Counsel cannot be accepted
by us, in view of the observations by this Court in P.
Ramachandra's case (supra). Before parting with the case, we
should certainly give credit to our judicial officers, who have H
356 SUPREME COURT REPORTS [2012] 7 S.C.R.
A painstakingly suffered with all the dilatory tactics adopted by the
accused in dragging on with the proceedings for nearly thirty
seven years. They are not to be blamed at all. In fact, they do
deserve appreciation while conducting such trials where one
of the accused is not only Bachelor of Laws but also Bachelor
B of Literature. We certainly say that our system has not failed,
but, accused was successful in dragging on the proceedings
to a stage where, if it is drawn further, it may snap the Justice
Delivery System. We are also conscious of the fact that more
than thirty Judges had tried this case at one stage or the other,
c but, all of them have taken care to see that the trial is completed
at the earliest. They are not to be blamed and certainly the
system has not to be blamed, but, positively, somebody has
succeeded in his or in their attempt. The system has done its
best, but, has not achieved the expected result and certainly,
will not fit into the category of cases where (late) N.A.
0
Palkhiwala, one of the most outstanding Senior Advocates in
the Country had said that" ...... the law may or may not be an
ass, but in India it is certainly a snail and our cases proceed at
a pace which would be regarded as unduly slow in a community
E of snails". Therefore, we say, we will not buy this argument of
the learned Senior Counsel that there is systemic failure.
Therefore, in our view at this stage the one and the only
direction that requires to be issued is to direct the learned trial
judge to take up the case on day to day basis and conclude
the proceedings as early as possible, without granting
F unnecessary and unwarranted adjournments.
26. Writ Petitions are, accordingly, dismissed with the
aforesaid directions.
CHANDRAMAULI KR. PRASAD, J.
G
1. I agree.
2. However, I would like to add few words of my own.
3. The Union Minister for Railways lost his life in a bomb
H
RANJAN DWIVEDI v. C.8.1., THROUGH THE DIRECTOR 357
GENERAL [CHANDRAMAULI KR. PRASAD, J.]
explosion which took place at Samastipur Railway Station in A
the State of Bihar on 2nd of January, 1975.
4. Petitioners are facing trial in the said case. Their
statements under Section 313 of the Code of Criminal
Procedure have been recorded and the trial is at the stage of B
argument.
5. At this stage, petitioners have filed these writ petitions
under Article 32 of the Constitution of India and their prayer is
to quash the prosecution primarily on the ground of violation of
their fundamental right of speedy trial guaranteed under Article c
21 of the Constitution of India.
6. Mr. T.R. Andhyarujina, Senior Advocate appears in
support of the writ petitions. He submits that delay of 37 years
in conclusion of the trial, for whatever reason, is atrocious and
a civilized society cannot permit continuance of the trial for such D
a long period. He appeals to us to rise to the occasion and
make history by holding that the system which allows trial for
such a long period is barbaric, oppressive and atrocious and,
therefore, in the teeth of right of speedy trial guaranteed under
Article 21 of the Constitution. Systemic delay cannot be a E
defence to deny the right of speedy trial, emphasizes Mr.
Andhyarujina.
7. I have given my most anxious consideration to the
submission advanced and, at one point of time, in deference
F
to his passionate appeal I was inclined to consider this issue
in detail and give a fresh look but, having been confronted with
the Five-Judge Constitution Bench decision in the case of
Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225 and
Seven-Judge Constitution Bench judgment of this Court in the G
case of P. Ramachandra Rao v. State of Kamataka, (2002)
4 sec 578, this course does not seem to be open to me.
Judicial discipline expects us to follow the ratio and prohibits
laying down any principle in derogation of the ratio laid down
by the earlier decisions of the Constitution Benches of this
Court. H
358 SUPREME COURT REPORTS [2012] 7 S.C.R.
A 8. In the case of Abdul Rehman Antulay (supra) this Court
in paragraph 86 (5) has observed as follows:
"While determining whether undue delay has occurred
(resulting in violation of Right to Speedy Trial) one must
have regard to all the attendant circumstances, including
B
nature of offence, number of accused and witnesses, the
workload of the court concerned, prevailing local conditions
and so on - what is called, the systemic delays. It is true
that it is the obligation of the State to ensure a speedy trial
and State includes judiciary as well, but a realistic and
c practical approach should be adopted in such matters
instead of a pedantic one."
9. The aforesaid decision came up for consideration
before a Seven-Judge Constitution Bench of this Court in the
D case of P. Ramachandra Rao (supra) and while a,pproving the
ratio, the Court in Paragraph 29 (1) & (2) observed as follows:
"(1) The dictum in Abdul Rehman Antulay v. R.S. Nayak,
( 1992) 1 sec 225 is correct and still holds the field.
E (2) The propositions emerging from Article 21 of the
Constitution and expounding the right to speedy trial laid
down as guidelines in Abdul Rehman Antulay v. R.S.
Nayak, (1992) 1 SCC 225 adequately take care of right
to speedy trial. We uphold and reaffirm the said
F propositions."
10. Hence, in my opinion, the trial cannot be terminated
merely on the ground of delay without considering the reasons
thereof.
G 11. My learned and noble brother has gone into the
reasons for delay and I agree with him that the facts of the
present case do not justify quashing of the prosecution.
R.P. Writ Petitions dismissed.
H
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