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march 1979

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.

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