Srinagar, July 2 : Reaffirming that the right to a speedy trial is a fundamental right under Article 21 of the Constitution, the High Court of Jammu & Kashmir and Ladakh has directed a Srinagar trial court to expedite proceedings in a decade-old criminal case involving a retired government employee whose pension and retirement benefits have remained withheld due to the pending trial.
The direction was issued by Justice Mohd Yousuf Wani while disposing of a petition filed by the retired employee, who is facing trial as a co-accused in a case arising from FIR No. 18/2016 registered at Police Station Shaheed Gunj.
The petitioner submitted that although the chargesheet was filed in 2017, the trial has remained at its initial stage for nearly ten years, primarily due to the absence of certain co-accused and the failure to invoke appropriate legal provisions to secure their presence or proceed in accordance with law.
The retired public servant further informed the Court that the prolonged pendency of the criminal case has resulted in the non-release of his pension and other retirement dues, causing severe financial and personal hardship after attaining the age of superannuation.
After examining the record, the High Court observed that the case has remained pending since August 2017 and noted that the petitioner’s limited prayer was for the speedy conclusion of the trial.
Emphasising the constitutional mandate of a fair and timely criminal justice process, the Court reiterated that the right to a speedy trial forms an integral part of the Right to Life guaranteed under Article 21 of the Constitution.
Accordingly, the High Court directed the trial court to conduct the proceedings expeditiously and conclude the criminal case on its merits at the earliest, strictly in accordance with law and without any further delay. (KNC)
