A.
Dear Client,
There are several factors behind the delay in hearing or disposal of a case that include procedural delays, backlogs in the court system, challenges in ensuring the presence of all parties involved, stay orders from higher courts etc. However, speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the concerned Bench of the High Court where his or her writ petition is pending since 2 years for final hearing through an interlocutory application(IA) praying for expeditious hearing and disposal of the writ petition. The Hon'ble Supreme Court in the case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979), held that the right to a speedy trial is recognized as a fundamental right guaranteed by the Indian Constitution and is closely tied to the right to life and personal liberty under Article 21 of the Constitution of India. Further, in the case of Katar Singh vs the State of Punjab, the Hon'ble Apex Court declared that the Right to Speedy Trial was deemed to be a crucial component of the fundamental rights to life and liberty that encompasses all the stages including the investigation, inquiry, trial, appeal, revision, and retrial. Article 32 of the Constitution of India grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief. Given the proposition of governing law and averments of the Apex Court, it is recommended to consult with a Sr. Advocate to understand your rights and remedies to exercise your fundamental right of speedy trial of your writ petition.
Posted On 12-Aug-2025
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