Moreover, the delayed process of delivering justice is the sign of its perfection and transparency. Any hesitation in its process leads it to the half-backed way of imperfection and injustice because tracing the truth is a long way to discover. It’s not always that “Justice delayed is justice denied”.
The question of whether justice delayed is justice denied appears to depend on whether delay is inappropriate, out of proportion or avoidable. Proportionality and appropriateness of time taken to provide an outcome for disputants is said to form part of the definition of timeliness, as per the definition above. I: INTRODUCTION.
Right to speedy trial is the essence of criminal justice and there is no doubt that justice delayed is justice denied. In United States speedy trial is one of the constitutionally assured rights. European Convention on Human Rights also provides that everyone arrested or detained shall be entitled to trial within reasonable time or to release pending trial.
Finally, there is a law and order angle to consider. As the 239th Report of the Law Commission of India noted, delays in the investigation and prosecution of criminal cases erodes faith in the rule of law and the criminal justice system, which has serious implications for the legitimacy of the Judiciary. Justice delayed, is thus justice denied.
Only when the party can show sufficient cause, then, it is allowed to litigate its case further. The expression “sufficient cause” is flexible enough so as to enable the court to apply the law in a just manner. The Courts have found it difficult to generally define precisely the meaning of sufficient cause or sufficient reason.
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