How to make request to speed up the trial pending for 12 years?

Tilak Marg Forum for Legal Questions Forums Criminal Law How to make request to speed up the trial pending for 12 years?

Viewing 1 reply thread
  • Author
    Posts
    • #1938
      Anonymous
      Guest

      I am facing a trial for 12 years now. It is not moving fast. Out of 40 witnesses only 6 have been examined so far. Every time a date of 2-3 months is given and on many dates nothing happens. How can I make a request for speedy trial since I am fed up with it appearing in court for last 12 years!!!

    • #1945

      The problem of delays in judicial proceedings is not unique to you. It is a universal problem in India. More than 3 crore cases are pending and there are less than 20,000 judges in all courts. Even though speedy trial has been declared to be a fundamental right, being a part of Article 21 of the Constitution, judicial delays are ubiquitous.

      In this environment, it would be difficult to get a case expedited if other cases in the same court are facing similar delays. You may try to check the status of other cases in the same court where your case is pending. Chances are that other cases in that court may also be delayed in a similar manner.

      At the same time, if you have some peculiar difficulties being faced by you, or if your case is extraordinarily delayed compared to other cases in the same court, then you may make request to the court to expedite your case citing your difficulties and hardships. Also ensure that there is no delay or adjournments sought at least from your side. If needed, you may approach the high court citing your right to speedy trial and requesting for an early disposal of the case. If you are lucky you may get some relief in the form of a direction for a time-bound completion of the trial, though sometimes such time limits are also not helpful in faster disposal of the case due to inherent problems in the judicial system.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.