Satyam Singh Tomar, BALLB (Hons) at Narsee Monjee Institute of Management Studies (NMIMS), Indore
ABSTRACT
In the recent times our Indian judiciary is burdened with lakhs of pending cases and it has been a concern of significant importance to the law makers, judicial authorities, executive authorities, judges, advocates, and also public. Our legal system is based on the principle that justice is served to everyone seeking it. Our justice system has come up a long way to in order to provide a system which balances the interest of accused and victim so as to determine guilt and innocence but many raised questions on the efficiency of this system on the ground of many pending cases, long going battle to seek justice which places people in the position of mental agony, physical and financial losses. Keeping in mind the hardship of unnecessary inconvenience and delay in the trial for parties to the case the concept of summary trial was introduced. Our apex court has recognized the right to speedy and fair trial as a part of article 21 ‘Right to life and personal liberty’ of the Indian constitution. Thereby it has given a solution to cover the loophole in the form of summary trial and has created a mechanism for the speedy disposal of on- going pending cases awaiting their judgments. But this process also has its limitations and covers a small portion of offences which it can deal with.
Keywords: Summary Trial, Right to speedy and fair trial, Article 21 of the Indian constitution, burden of cases, pending trials, justice system.
