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building which was constructed for the purpose of residence is being used to house courts. There should be sufficient sitting arrangement for the witnesses or the clients. There should be suitable building for the proper functioning of the courts. The prosecuting agency should be given sufficient facilities for the court to conduct the cases. The

accused

and the

become

lengthy.

witnesses should have resting rooms if the trial has All this could be provided only if there are courts

with modern infrastructure

facilities. and there

The must

States should gradually be sufficient budgetary

improve the allocation in

each year. Now the courts are provided only for the payment of salaries of staff members to-day expenses for running the courts.

with budgetary allocation of the courts and for day- This situation could be

changed, if sufficient funds are allocated courts and also to improve the conditions

every year for

starting

of the existing

courts.

new The

starting of Fast Track disposing of the pending

Courts have helped to a Sessions cases and that, by

great extent in itself, has proved

that it is because of criminal cases

of lack of large is on the rise.”27

number

of

courts

that

the

pendency

4.

RIGHT TO FAIR AND SPEEDY TRIAL

4.1 US

A fair trial implies a speedy trial.28 While the Sixth Amendment to the Constitution expressly states that “in all criminal prosecutions, the

accused shall enjoy the right to a speedy and public trial”, our Constitution does not expressly declare this as a fundamental right. The right to a speedy

27

28

Supra note 3. State of Maharashtra v. Champalal Punjaji Shah AIR 1981 SC 1675.

32

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