Speedy Trial as a Constitutional Imperative: Supreme Court Flags Systemic Delays in Criminal Trials in Jammu & Kashmir
I. Introduction The Supreme Court of India has recently reiterated a crucial constitutional principle: the right to a speedy trial is not limited to protecting accused persons but also ensures justice for victims and their families . While hearing a case concerning prolonged delay in a murder trial from the Union Territory of Jammu and Kashmir , the Court expressed serious concern over systemic delays in the criminal justice system. The bench emphasised that the guarantee of a speedy trial, flowing from Article 21 of the Constitution of India , must be interpreted broadly. It serves a dual purpose: preventing indefinite incarceration of undertrial prisoners while simultaneously ensuring timely justice for victims. During the proceedings, the Court was confronted with troubling data indicating that 351 sessions trials in Jammu & Kashmir have been pending for more than five years , involving 585 accused persons . A majority of these cases remain stuck at the stage of recording prose...