MOHD AMIN ANDRABI Vs. STATE OF J&K

JUDGEMENT

(1.) DEPRIVATION of life or liberty otherwise, than in accordance with some procedure of law which is reasonable, fair and just is forbidden by Article 21 of the Constitution of India. Obviously, the procedure prescribed by law for depriving a person of his liberty cannot be reasonable, fair and just unless the procedure ensures the speedy trial for the determination of the guilt of that person.

(2.) THE Apex Court held in Hussain Aras case (AIR 1979 SC 1360):

(3.) IT needs hardly to be emphasized that delay in trial by itself constitutes denial of justice. While the speedy trial is an implied component of fair trial the converse is not necessarily true. The delay in trial is not necessarily an unfair trial. The delay may be occasioned by the tactic or the conduct of the accused himself. While considering the fact of delayed trial the factors to be kept in mind are: