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Showing contexts for: Docket explosion in Daku Devi vs State Of Tamilnadu on 21 September, 2004Matching Fragments
21. In view of the above, it is unnecessary to deal with the other contentions raised by the Senior counsel for the petitioner.
22. For the aforesaid reasons, we quash the order of detention and the detenu is set at liberty forthwith unless he is required in any other connected case.
23. Before parting with the case, However, one aspect needs to be emphasised. The manner in which the Habeas Corpus Petition has been adjourned number of times on the request of the respondents for filing counter, is apparent from the earlier narration. Article 22 of the Constitution of India requires that a representation of the detenu is required to be disposed of without any unnecessary delay. It is of course true that nothing is indicated in Article 22 about the necessity to dispose of the Habeas Corpus Petition as expeditiously as possible without any unnecessary delay by the High Courts. However, judicial notice can be taken of the fact that almost in all the High Courts, rules have been framed prescribing for early disposal of the Habeas Corpus Petitions since liberty of a person is involved. The Supreme Court has repeatedly observed that the right to a speedy trial is a fundamental right under Article 21 of the Constitution. There cannot be any doubt that such an observation is equally applicable to the disposal of Habeas Corpus Petitions. It is true that many of the matters cannot be dealt with expeditiously because of docket explosion in the High Courts. However, the duty of the detaining authority or the State in facilitating early disposal of the cases cannot be over emphasised. The State Government cannot delay the disposal of Habeas Corpus Petitions on the ground of filing counter. This is not to suggest that reasonable time for filing counter should not be granted. However, seeking repeated adjournments for filing counter obviously cannot be countenanced. The logic of making sincere attempts to expedite disposal of the representation of the detenu is equally applicable to expeditious disposal of Habeas Corpus Petitions.