Victims Deserve Speedy Trials: SC Bars Accused From Using Gangsters Act to Stall Proceedings
Table of Contents
- Case Title: Keshvendra Singh Versus Shankar Singh And Anr.
- Case No.: SPECIAL LEAVE PETITION (CRL.) NO. 2815/2026
- Coram: Justice KV Viswanathan and Justice Arun Palli
- Court Observation
Case Title: Keshvendra Singh Versus Shankar Singh And Anr.
Case No.: SPECIAL LEAVE PETITION (CRL.) NO. 2815/2026
Coram: Justice KV Viswanathan and Justice Arun Palli
Court Observation
“…right to speedy trial is not only the prerogative of the accused but is also a valuable right of the victim and any inordinate delay in the conclusion of the trial, could have a deleterious effect on the society in general. If the interpretation canvassed by the respondent-accused is accepted, it will render Section 12 of the Gangsters Act ultra vires Article 21 of the Constitution of India. It will also give a handle to the accused to delay all other cases under the pretext that the proceedings are pending under the Gangsters Act…This Court cannot countenance any such interpretation which will make a mockery of the judicial process.”
“purpose behind Section 12 was not to freeze the other proceedings against the accused till proceedings under the Gangsters Act were concluded. The purpose was only to indicate that in the event of clash of dates, the proceedings under the Gangsters Act were to get priority.”
“the legislature while enacting Section 12 did not intend to delay the trial proceedings for the cases under the Gangsters Act and further considering the progress that the trial has achieved for the offences under the IPC, held that Section 12 of the Gangsters Act would have no application and there was no justification for keeping the sessions trial in abeyance.”
Victims Deserve Speedy Trials: SC Bars Accused From Using Gangsters Act to Stall Proceedings
