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february 1979

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.

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