Judgments

HUSSAINARA KHATOON VS HOME SECRETARY, STATE OF BIHAR : CASE SUMMARY

The Supreme Court in Husaainara Khatoon Vs State of Bihar (1979) SCR 169 held that right to speedy trial is implicit under Article 21 of the Constitution.

FACTS OF THE CASE

Kapila Hingorani, a pubic interest lawyer who is also known as “mother of Public Interest Litigation”, filed a Petition under Article 32 of the Constitution before the Supreme Court in respect of precarious conditions of pre-trial prisoners in Bihar. Six prisoners had signed the Petition, one of them was Hussainara Khatoon.

FINDINGS OF THE SUPREME COURT

Supreme Court noticed that large number of children, men and women were jail for years and years awaiting trial in courts of law. The offences with which some of them are charged were trivial, which even proved, would not warrant punishment for more than a few months, perhaps for a year or two and yet these unfortunate forgotten specimens of humanity were in jail, deprived of their freedom, for periods ranging from three to ten years without even as much as their trial having commenced. Law has become an instrument of injustice to these prisoners.

The Supreme Court noted that there can be little doubt after the dynamic interpretation placed by this Court on Article 21 in Maneka Gandhi Vs Union of India (1978) AIR 597  that a procedure which keeps such a large number of people behind bars without trial so long cannot possibly be regarded as reasonable, just and fair so as to be in conformity with the requirement of that Article.

The Supreme Court noted that one of the reasons of pre-trail detention is unsatisfactory bail system which proceed on erroneous assumption that risk of monetary loss is only deterrent from fleeing from justice. Code of Criminal Procedure requires execution of personal bond having monetary implications. If this was not enough the courts mechanically and as a matter of course insist that the accused should produce sureties who will stand bail for him and these sureties must again establish their solvency to be able to pay the amount of the bail in case the accused fails to appear to answer the charge.  It is here that the poor find our legal and judicial system oppressive and heavily weighted against them and a feeling of frustration and despair occurs upon them as they find that they are unequal in comparison to non-poor.

The Supreme Court observed that it is high time that Parliament should realise that risk of monetary loss is not only deterrent against fleeing from justice. If the Court is of the opinion that the accused has deep roots in society, it should  release the accused on bail.

The Supreme Court noted that other infirmity in the legal system   is delay in disposal of cases. Trial does not even commence for many years.

Speedy trail is of the essence of criminal justice system. In the USA, speedy trial is a constitutionally guaranteed right. Sixth amendment of the USA Constitution provides that in criminal prosecutions, the accused shall enjoy the right to speedy and pubic trial. The Supreme Court observed that under our constitution speedy trial, although not specifically enumerated under Fundamental Right, is implicit under broad sweep and content of Article 21. No procedure which does not ensure a reasonable quick trial can be regarded as reasonable, fair or just and it would fall foul of Article 21. There can be no doubt that speedy trail is an integral and essential part of the Fundamental Right to life and liberty enshrined in Article 21.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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