Fairness Is A Fair Trial Essay

Fairness is always a relative concept,fairness in a criminal trial could be measured only in relation to the gravity of accusation,the time and resources which society can reasonably afford to spend,the quantity of available resources and the prevailing social values.Even though a trial that is conducted justly with procedural regularly by an independent impartial court in which the defendant is able to afford his or her constitutional right can be considered as a fair trial.

The major aspects of fair trial rightly provided in Article 10 & 11 of the Universal Declaration of Human Rights. These are;

* Article 10:- Everyone is entitled in full equality to fair and public hearing by an independent and impartial Tribunal in determination of his
The court may expel him when he obstruct the smooth conduct of the trial.However the accused be able to reclaim his right to be present at trial if he express bonafide willingness to conduct himself in such a manner as to allow the court to produced with the trial smoothly in his presence. Whenever any evidence is given in a language not understood by the accused,it shall be interpreted to him or his pleader in open court in a language understood by him.

8.Right of the accused person to have an expeditious trial.

The delayed justice is denied Justice, This principle is the basis for the right to speedy trial. If the accused is in detention during the proceedings before Magistrate and the trial is not completed within 60days from the first date fixed for hearing he shall be released on bail. The concept of speedy trial is read in to Art.21 as an essential part of fundamental right to life and

liberty guaranteed and preserved under Indian Constitution. The right to speedy trial begins with the actual restrainment imposed by arrest and continues at all stages namely, The stage of investigation, inquiry, trial, appeal and revision. The obligation upon the state is constitutional obligation and the state can not plead financial or administrative inability, which is rightly said by Supreme Court in the case of Hussainara Khatoon v. State of Bihar,in