Supreme Court of India · 1979-02-12
HUSSAINARA KHATOON & ORS. vs HOME SECRETARY, STATE OF BIHAR, GOVT. OF BIHAR, PATNA
- Citation / case number
- SC 1979/62693
- Court
- Supreme Court of India
- Petitioner
- HUSSAINARA KHATOON & ORS.
- Respondent
- HOME SECRETARY, STATE OF BIHAR, GOVT. OF BIHAR, PATNA
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that pre-trial detention without a speedy trial violates Article 21 of the Constitution of India, which guarantees the right to life and liberty. The Court emphasized that a procedure that keeps individuals incarcerated for extended periods without trial cannot be deemed 'reasonable, just or fair'. Consequently, the Court directed the release of under-trial prisoners on personal bonds, asserting that expeditious trials are integral to justice and human rights.