,
content is often unsatisfactory. Many powers of the police are unduly wide in
scope and yet, at the same time, the police do not possess certain powers which
many would regard as necessary to the performance of their tasks. And,when
the law is reasonably clear. and its content reasonably satisfactory there may
be difficulties in ensuring compliance with those rules. Police officers perform
their duties subject to the possibilities of prosscution, civil claim and internal
disciplinary action if they exceed their powers..;."
The Commission wonders if this may not aptly describe thexurrent Indian predicament.
>,
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3.64 The right to a fair trial which.includes the right to a speedy trial is a part of our
international.obtigations. So is our duty to organize our legal system and courts to
comport with the mandate of Article 9(3) and Article 14(1) of ICCPR. This, is also the
content of Section 309(1) of the Code of Criminal Procedure. Criminal cases require
greater urgency in their settlement. A more rigorous,time frame is needed where the
accused person is in detention pending the outcome of the case. In such a case, a
combination of obligations both for speedy trial and special diligence converge.
3.65 Indeed this right to a speedy trial is part of our fundamental laws and Article 21
of the Constitution is so recognized by the Supreme Court of India in the case of A.R.
Antulay & Ors: vs R.S. Nayak & Another 1992(7)SCC 225). The Court observed:
*..... In
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other words, such laws should provide a procedure which is fair,
reasonable and just. Then alone, would it be in consonance with the command
of Article 21. ,Indeed, wherever necessary, such fairness must be read into such
law. Now, can it be said that a law which does not provide for a reasonably
prompt investigation, trial and conclusion of a criminal case is fair, just and
reasonable? It is both in the interest of the accused as well as the society that
.a criminal case is-concluded soon. If the accusedoisguilty; he ought to be
declared so: Social interest lies in punishing the.guilty and exoneration of the
innocentibut this determination (of guilt or innocence) must be arrived at with
reasonable despatch reasonable in all the circumstances of the case.'
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3.66 Deeply concerned with these problems of administration of criminal-justice and
their implications for the protection and promotion of human rights, the Commission is
seeking to bring about certain institutional changes in an area where the country's legal
system has yet t o establish a coherent and sustainable jurisprudential regime. The '
- Commission desires to indicate certain areas which it has identified for 'immediate action'.