By - ANUSHKA DWIVEDI
Fair Trial means the trial in the presence of an impartial judge and jury. Every person has a right to a fair trial, which is considered as a fundamental right in the eyes of the law, every person has a right to defend himself (Sub-section (2) of Section 243 of the CrPC, 1973 recognizes the right to defend oneself and to adduce evidence) and the denial of that right means denial of a fair trial
A fair trial is based on the principles of natural justice
Fair trial is an important right for every person and society. The Criminal Procedure Code has laid several provisions concerning that. Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society. A fair trial indeed protects the rights of the accused but it also makes a society stronger and safer. Without a fair trial, trust in government and the rule of law will collapse. The right to a fair trial is recognized by the international community but still, this right is abused every day. Laws should be made more stringent where it is ensured that this right is not violated by the persons in power.
In a trial, a judge is expected to take an impartial judgment against both parties and he has to make sure that the rights of the parties are preserved. A judge is expected to decide based on the evidence and the case presented by the lawyer. A judge is not expected to take a decision always against the defendant just because he has committed a certain crime so he should be punished.
A judge should be unbiased and patient enough to listen to both parties as what they have to say. He has an obligation to make sure that the rights of the accused before and after trial were not violated as provided under the Criminal Procedure Code.
In my view, stricter laws shall be made to prohibit the press and media from conducting a media trial of an accused. One of the general principles of a fair trial is that the accused is presumed innocent until proven guilty by the court. Media is considered the most powerful entity because it can entirely change the course of the case. They have the power to make the innocent guilty and to make the guilty innocent as they control the minds of the masses. Hence, this concept should be banned to make sure that the rights of the accused are not violated.
