NDLI: Dilawar Vs. The State of Haryana & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Investigation: Speedy investigation
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Investigation: Speedy investigation – By impugned order, CBI was directed to conduct trial within six months – The case against the petitioner-accused was that he was leader of a mob which indulged in arson, loot and mischief of burning of house of cabinet minister – His bail applications were rejected by Sessions Court and High Court – While rejecting bail application, Supreme Court directed that trial be conducted as far as possible within six months – In the instant application seeking modification of the said order, it was stated that CBI was conducting investigation and took over only on January 6, 2016 and one and a half years have gone by and, there was voluminous task which was time consuming and trial could not commence unless report under s.173 Cr.P.C is filed by CBI which would take long time – Disposing of the application, the Court, Held: There is no indication as to what proceedings have been taken up by the CBI so far, and why more time will be required and how much more time will be required – No investigating agency can take unduly long time in completing investigation – Speedy investigation is recognized as a part of fundamental right of fair procedure under Art.21 of the Constitution – Since accused has been in custody for more than two years and investigation is pending with the CBI for more than one and a half years, CBI must complete investigation at the most within next two months so that trial can commence latest by July 10, 2018 and concluded by the end of the year – Since order declining bail was passed on 30th January, 2017 and more than one year has gone by, it will be open to the petitioner, if he is still in custody, to move a bail application before the trial court in accordance with law – Constitution of India – Art.21. Investigation: In number of case, investigations remain pending for unduly long time which is not conducive to administration of criminal justice – There is need for timelines for completing investigation and for having in-house oversight mechanism wherein accountability for adhering to laid down timelines can be fixed at a different levels in the hierarchy . Constitution of India – Art.21 – Speedy trial – There is implicit right under Art.21 for speedy trial which in turn encompasses speedy investigation, inquiry, appeal, revision and retrial – To determine whether undue delay has occurred, one must have regard to nature of offence, number of accused and witnesses, workload of the court and the investigating agency, systemic delays – Inordinate delay may be taken as presumptive proof of prejudice particularly when accused is in custody so that prosecution does not become persecution – Court has to balance and weigh several relevant factors – Though it is neither advisable nor feasible to prescribe any mandatory outer time limit and the court may only examine effect of delay in every individual case on the anvil of Art. 21 of the Constitution, there is certainly a need for in-house mechanism to ensure that there is no undue delay in completing investigation – Delay/laches – Investigation.
Judge	N/A
Neutral Citation	2018 INSC 437
Petitioner	Dilawar
Respondent	The State Of Haryana & Anr.
SCR	[2018] 5 S.C.R. 655
Judgement Date	2018-05-01
Case Number	657

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Dilawar Vs. The State of Haryana & Anr.

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Dilawar Vs. The State of Haryana & Anr.

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