Sur internet : Speedy justice is fundamental right: Madhya Pradesh HC | India News

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La date de publication est 2023-11-24 17:39:00.

BHOPAL: The right to speedy justice is a fundamental right, the Madhya Pradesh HC has said, while rejecting a petition against the executive order of the Chief Justice asking district courts to dispose of 25 of their oldest cases every quarter.
The order to dispose of cases was issued by the registrar-general (establishment) on December 21, 2022. If a court fails to dispose of 25 of its oldest cases in a quarter, the remainder will be added to their target in the next quarter, it said.
There was a prolonged strike by lawyers across MP against the order.The HC declared the strike illegal, yet the stir continued. The HC then took up a contempt petition against the office-bearers of the state bar council and some district bar associations, which is pending.The OBC Advocate Welfare Association also filed a petition challenging the order. A division bench comprising Justice Vivek Agarwal and Justice A K Singh dismissed this petition, holding that speedy justice is a fundamental right under Article 21 of the Constitution. The judges noted that the Supreme Court has made this clear in the case of Raghubir Singh and others vs State of Bihar (1986) and that Article 14(3) of the International Covenant on Civil and Political Rights provides that criminal charges be tried without undue delay. Article 16 of the same covenant declares that everyone shall be guaranteed the right to a speedy trial, they said.

There is no scheme for automatic acquittal or termination of proceedings in case of a delay in trial, the bench said, adding that the aim is to make judicial officers accountable. Their hardships have been taken into consideration, so three provisions have been introduced — carry forward of cases by one quarter, not including cases where there is a stay by a superior court and factoring in time spent by a judge in holding a link court, etc., for which principle of proportionality has been applied.

The HC said: “The scheme of 25 oldest cases was introduced by the HC in 2022… Gradually, with passage of experience gained, the HC has improvised the scheme after taking into consideration realities as they have emerged from time to time.”


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