• NIDHI SRIVASTAVA
• SHASHANK TYAGI

Justice in one sense means grant of expeditious and inexpensive relief to persons who approach the court with legal problems. Delay in providing justice has been interpreted as denial of justice. The Constitution of India reflects the quest and aspiration of the humankind for justice when its preamble speaks of justice in all its forms - social/ economic and political. The principle of natural justice is that 'justice should not only be done but it should seen to have been done' which means that those who receive justice must feel it has been done with them. There is an old adage that 'justice delayed is justice denied; which means that justice should be dispensed with within a reasonable period of time. However, another doctrine associated with the disposal of cases is that 'justice hurried is justice buried', meaning thereby that the hasty trials entail injustice and consequently affect the quality of justice. The Supreme Court of India as the guardian of fundamental rights of the people, has obligations as well as powers of wide amplitude to ensure a speedy trial for the accused. The principle of speedy trial propounded in Maneka Gandhi's case, nurtured in Hoskot's case, and came of the age in Hussainara's case with a judicial bang. The legislature of India through Section 309, 258, 468 and other provisions of the criminal procedure Code, 1973 and also the Supreme Court of India by way of interpretation of Article 21 of the Constitution of India have recognized speedy trial as the essence of criminal justice system. Many cases in India take up to 10 years for disposal and usually take for longer than stipulated 6 month or 2 years for trials, resulting in enormous pendency. Prolonged litigation causes financial burden and mental torture to the litigants besides eroding their faith in judiciary. It is important to mention that the causes leading to delays, in disposal of cases are not related only to the judiciary as is generally believed but they owe their origin to, the legislative, the executive, the judiciary, the legal profession, the court procedure and the litigants. In the present criminal justice system, the poor and indigent persons are suffering and being harassed by the police and prison authorities whereas the persons who have sufficient means and influence make full use of the legal loopholes. Delay in the disposal of cases is the greatest drawback of the administration of justice in India.

expeditious, administration, legislative, executive, judiciary, indigent, litigants, prolonged, fundamental, injustice, interpreted.

"THE REQUIREMENT OF SPEEDY TRIAL IN CRIMINAL JUSTICE DELIVERY SYSTEM IN INDIA", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 2, page no.262-268, February-2019, Available :http://www.jetir.org/papers/JETIR1902B35.pdf

"THE REQUIREMENT OF SPEEDY TRIAL IN CRIMINAL JUSTICE DELIVERY SYSTEM IN INDIA", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 2, page no. pp262-268, February-2019, Available at : http://www.jetir.org/papers/JETIR1902B35.pdf