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april 1979

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.

HUSSAINARA KHANTOON & ORS. vs HOME SECRETARY, STATE OF BIHAR, PATNA · Niyam