Speedy trial a right of victims too, says Supreme Court

A bench of Justices KV Viswanathan and Arun Palli held that Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, does not require all other criminal proceedings against an accused to remain suspended until the trial under the Gangsters Act is completed.Supreme Court. (Photo- ITGD)The Supreme Court on Monday set aside an Allahabad High Court order that had stayed a murder trial, ruling that the right to a speedy trial belongs not only to the accused but also to victims.A bench of Justices KV Viswanathan and Arun Palli held that Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, does not require all other criminal proceedings against an accused to remain suspended until the trial under the Gangsters Act is completed.The provision only gives priority to Gangsters Act proceedings when hearing dates in different cases clash, the court said.“The purpose was only to indicate that in the event of a clash of dates, the proceedings under the Gangsters Act were to get priority,” the bench observed. The court noted that after it stayed the High Court order on April 13 and directed a sessions court in Lalitpur to complete the murder trial within two months, the trial concluded with the conviction of all the accused under Section 302 of the Indian Penal Code and other provisions.MURDER CASE STAYED BY HIGH COURTThe case arose from an FIR lodged in September 2023 by the brother of the deceased against nine people, alleging that they had beaten his brother to death. Police subsequently filed a chargesheet against seven accused. In November 2023, the station house officer prepared a report alleging that the offence had been committed as part of organised gang activity and forwarded a gang chart to senior authorities.An FIR was registered against the accused under Section 2(b)(i) of the UP Gangsters Act in January 2024.The seven accused then asked the trial court to keep the murder proceedings in abeyance, arguing that the Gangsters Act case should take precedence over all other criminal cases against them.The trial court rejected their plea. One of the accused challenged the decision before the Allahabad High Court, which stayed the murder trial and directed that the Gangsters Act proceedings be expedited.GANGSTERS ACT CASE GETS PRIORITY ONLY IF DATES CLASHRejecting the High Court’s interpretation, the Supreme Court said Section 12 could not be used to indefinitely stall other criminal trials.“Harmoniously reading Section 12 of the Gangsters Act with Section 346 of the BNSS, the conclusion is irresistible that all that Section 12 of the Gangsters Act contemplates is that, in the event of a clash of dates, the proceedings under the Gangsters Act would be given preference,” the bench said.Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponds to Section 309 of the Code of Criminal Procedure and deals with the expeditious conduct of inquiries and trials.DELAY COULD DESTROY EVIDENCEThe Supreme Court stressed that Article 21 of the Constitution guarantees a speedy trial to victims as well as accused persons.“The right to speedy trial is not only the prerogative of the accused but is also a valuable right of the victim. Any inordinate delay in the conclusion of the trial could have a deleterious effect on society in general,” it said.The bench warned that accepting the accused’s interpretation would allow them to delay other cases simply by citing pending proceedings under the Gangsters Act.“Tremendous injustice will result, as with every day’s delay, preservation of evidence will become a challenge,” the court said.It added that witnesses could become less willing to testify and their memories could fade over time.“This court cannot countenance any such interpretation which will make a mockery of the judicial process,” the bench said.Calling the High Court’s order “completely untenable”, the Supreme Court set it aside and clarified that the Gangsters Act gives proceedings under it priority only when hearing dates clash. It cannot be invoked to halt other criminal trials.- EndsPublished By: India Today Web Desk Published On: Aug 17, 2026 23:41 IST