Rajasthan High Court Finds Violation of Article 21 in Denial of Speedy Trial for Foreign Nationals

 

The Rajasthan High Court has held that failure to provide a speedy trial to foreign nationals facing criminal proceedings amounts to a violation of their fundamental right to life and personal liberty under Article 21 of the Constitution. The decision came in a case where foreign nationals accused in a criminal matter had approached the Court, arguing that the prolonged delay in the commencement and completion of their trial had placed them in a state of legal and personal uncertainty. They contended that the criminal proceedings had remained stagnant for an unreasonably long period, causing extended hardship while they remained within the Indian legal system without resolution of their case.

The Court examined the record and found that the delay was substantial and unjustified. It observed that the accused had been waiting for their trial to progress, yet the proceedings had hardly moved forward due to avoidable factors. The Court noted that the right to a speedy trial is not merely a statutory entitlement but an intrinsic and indispensable part of Article 21, which guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. This “procedure,” the Court explained, inevitably includes principles of fairness, reasonableness, and timely adjudication. A criminal trial that lingers without progress, the Court held, becomes oppressive and violates the very essence of constitutional protection.

In its analysis, the Court emphasised that foreign nationals are particularly vulnerable when required to face prolonged criminal proceedings away from their home countries. Delays not only restrict their physical liberty when they are in custody but also affect their movement, employment, and living conditions even if they are released on bail. The Court noted that uncertainty surrounding the trial prevents them from returning to their country, disrupts their personal and professional lives, and leads to psychological stress. The judicial system, the Court held, must remain conscious of these implications and ensure that trials involving foreign nationals are conducted with reasonable promptness so that they are not left in a prolonged state of limbo.

The Court reiterated that while systemic delays in criminal courts are a known reality, such delays cannot be allowed to override fundamental rights. It said that administrative or procedural hurdles can never be accepted as justification when the effect of such delay is to deprive an accused person of constitutional protections. The Court also highlighted that Article 21 applies uniformly to citizens and non-citizens alike, and the obligation to protect life and liberty extends to every person within the territory of India. Accordingly, the Court ruled that delay in prosecuting the accused foreign nationals had resulted in a clear violation of their constitutional rights.

The Court directed the trial court and prosecution authorities to ensure that the criminal proceedings are taken up on priority and concluded within a reasonable and definite time frame. It stressed that expeditious trial is an essential safeguard against miscarriage of justice and that courts must remain vigilant in preventing undue prolongation of criminal cases. The ruling serves as a reminder that justice delayed is justice denied, and that constitutional guarantees must be honoured through active and timely functioning of the criminal justice system.

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