Supreme Court of India · 1979-03-09
HUSSAINARA KHATOON & ORS. vs HOME SECRETARY, STATE OF BIHAR, PATNA
- Citation / case number
- SC 1979/62692
- Court
- Supreme Court of India
- Petitioner
- HUSSAINARA KHATOON & ORS.
- Respondent
- HOME SECRETARY, STATE OF BIHAR, PATNA
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that the procedure for depriving a person of life or liberty must be 'reasonable, fair and just' as mandated by Article 21 of the Constitution. It established that free legal services are essential for ensuring a fair trial, particularly for the economically disadvantaged, as emphasized in Article 39A. The Court mandated that the State has a constitutional obligation to provide legal representation to accused individuals who cannot afford it, thereby reinforcing the right to a speedy trial and access to justice.