The Delhi High Court has held that an inordinate delay in filing a chargesheet can violate an accused's fundamental right to a speedy investigation and trial under Article 21 of the Constitution of India.

Justice Arun Bhardwaj quashed criminal proceedings against a man in an excise case where the chargesheet was filed nearly eight years after registration of the FIR.

The Court observed that although it may be difficult to prescribe timelines for completing investigations, they cannot be allowed to continue indefinitely.

“…timely completion of investigation is an important right of an accused, protected under Article 21 of the Constitution of India,” the Court said.

It emphasised that speedy trial includes all stages of investigation, inquiry, trial and appeal commencing with accusation to the final verdict and unreasonable delay between formal accusation and trial threatens that the defence of the accused will be impaired.

“…it is difficult to place timelines for completion of investigation, however, at the same time, it is important to note that investigations cannot continue for a long period before culminating in filing of the charge sheet and the investigation must be completed within a reasonable timeline depending on the facts and circumstances of the case,” the judge observed.

The Court was hearing a plea filed by one Jaiveer Singh challenging the continuation of criminal proceedings arising out of an FIR registered in January 2015 under Sections 33 and 38 of the Delhi Excise Act, 2009.

The chargesheet in the case was filed before the trial court only on November 4, 2022, nearly eight years after the FIR was registered.

The Court noted that the chargesheet was prepared by a head constable and forwarded to the trial court by the concerned Assistant Commissioner of Police (ACP) on May 4, 2018. However, it was submitted before the trial court only on November 3, 2022.

The Court observed that although departmental action was initiated against the head constable for the delay, this could neither justify the delay in filing the chargesheet nor provide any consolation to the accused, who was being made to face a criminal trial at such a belated stage.

It further noted that the delay did not occur for reasons beyond the control of the investigating authorities.

“In these circumstances, this Court is of the opinion that the inordinate delay in filing of the charge sheet has violated the rights of the accused enshrined under Article 21 of the Constitution of India,” the Court held.