RANJAN DWIVEDI versus C.B.I., THROUGH THE DIRECTOR GENERAL

RANJAN DWIVEDI versus C.B.I., THROUGH THE DIRECTOR GENERAL

The delay in the present criminal trial, largely caused by the accused's adjournments, does not violate the fundamental right to speedy trial under Article 21; mere length of delay is not sufficient and must be assessed with circumstances, attribution, and prejudice; petitioners cannot seek quashing by causing delay and then claiming its violation.

Parties
Petitioner: Ranjan Dwivedi; Respondent: C.B.I., through the Director General
Jurisdiction
India
Judgment Date
17 August 2012
Procedural Posture
Writ Petition (crl.) Under Article 32 of the Constitution of India / Final Judgment, Writ Petitions Challenging Delay in Criminal Trial Dismissed
Outcome
Writ Petitions dismissed
Legal Topics
Speedy Trial, Fundamental Rights, Delay in Criminal Proceedings, Right to Life and Liberty
Constitutional Law Criminal Law Speedy Trial Fundamental Rights Delay in Criminal Proceedings Right to Life and Liberty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ranjan Dwivedi

Petitioner

C.B.I., through the Director General

Respondent

Procedural Posture

Writ Petition (crl.) Under Article 32 of the Constitution of India / Final Judgment, Writ Petitions Challenging Delay in Criminal Trial Dismissed

Legal Issues

  1. 1 Whether prolonged delay (37 years) in completion of Samastipur bomb-blast trial violates the petitioners' right to speedy trial under Article 21 of the Constitution
  2. 2 Whether charges and trial ought to be quashed solely on ground of delay

Ratio Decidendi

The delay in the present criminal trial, largely caused by the accused's adjournments, does not violate the fundamental right to speedy trial under Article 21; mere length of delay is not sufficient and must be assessed with circumstances, attribution, and prejudice; petitioners cannot seek quashing by causing delay and then claiming its violation.

Court Disposition

Writ Petitions dismissed

Orders

  • Trial judge directed to take up case on day-to-day basis and conclude proceedings as early as possible, without granting unnecessary and unwarranted adjournments