NEW DELHI: Holding that inordinate delay in trial in a criminal case could have a “deleterious effect on society in general”, SC said the right to speedy trial under Article 21 was not only the prerogative of the accused but also a valuable right of the victim, reports Amit Anand Choudhary.A bench of Justices K V Viswanathan and Arun Palli quashed an Allahabad HC order which held that if a person was facing prosecution under the BNSS and the Gangsters Act, the case under Gangsters Act would get priority and trial in other cases would be put in abeyance.
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Section 12 of Gangsters Act says its trial shall have precedence over any other case against the accused. The bench, however, said the provision only meant that “in the event of a clash of dates, proceedings under the Gangsters Act would be given preference”.It said the right to speedy trial was also a valuable right of the victim and any inordinate delay could have a deleterious effect on society. “Tremendous injustice will result as with every day’s delay, preservation of evidence will become a challenge,” it added.