“In our view, there does not appear to be any sound reason for
making a distinction between the delay which might occur during the
investigation stage preceding the institution of proceedings in Court,
and the delay that might occur during the conduct of the proceedings
in Court. The effect in both cases is the same, namely, that justice is
delayed, and the accused and in some cases possibly the prosecution
may be seriously prejudiced by the long delay occurring between the
commission of the offence and the conclusion of the trial. The delay
in both cases, if unjustified, will constitute unnecessary harassment
of the subject, by keeping the sword of prosecution hanging over the
head of the accused for a long time. The proceedings must, therefore,
be regarded as oppressive in either case and not calculated to secure
the ends of justice. In both cases it is the process of the Court which
is invoked and, therefore, if there is any abuse of the process of the
Court, the proceedings may be quashed.”
PLD 1963 (W.P.) Lahore 32
USed in Judgment of
Lahore High Court
Criminal Appeal
70-09
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