Supreme Court of India · 1979-04-19
HUSSAINARA KHANTOON & ORS. vs HOME SECRETARY, STATE OF BIHAR, PATNA
- Citation / case number
- SC 1979/62690
- Court
- Supreme Court of India
- Petitioner
- HUSSAINARA KHANTOON & ORS.
- Respondent
- HOME SECRETARY, STATE OF BIHAR, PATNA
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court directed the release of 59 undertrial prisoners who had been detained for periods exceeding the maximum sentence they could face if convicted, holding that their continued detention violated Article 21 of the Constitution. The Court expressed concern over the moral and ethical implications of detaining individuals without trial for extended periods. The State of Bihar was ordered to provide an affidavit regarding the detention of lunatics among the undertrial prisoners, emphasizing the need for appropriate treatment and conditions for such individuals.