HUSSAINARA KHATOON CASE


 

IN THE SUPREME COURT OF INDIA

1979 AIR 1369, 1979 SCR (3) 532

Petitioner

Hussainara Khatoon &Ors.

Respondent

Home Secretary, State of Bihar

Date of Judgement

9 March 1979

Bench

N. Bhagwati, J.; A. Desai, J.

Background

This case is a landmark decision on the expeditious trial of cases, which became recognized as a fundamental right of every accused person. It is a component of the proper administration of justice. Article 21 of the Constitution imposes on the state the duty to protect the rights of individuals, which includes the duty to ensure that cases are tried as soon as possible. As part of Article 21 of the Constitution, also guarantees the right of the poor to free legal services.

Facts of the Case

A writ petition of habeas corpus was filed before the court under Article 32 for the release of under-trial prisoners in the state of Bihar. There are a large number of under-trial prisoners, including women and children, who have been detained for many years. This exemplifies the sad state of justice administration in Bihar. The state of Bihar was then directed to file a revised chart showing a year-by-year breakdown of the under-trial prisoners into two distinct categories: those charged with minor offenses and those charged with major offenses.

Issue Raised

Can the right to a speedy trial be considered a fundamental right under Article 21?

Provisions Involved

·       Article 21 of the Indian Constitution of 1950

·       Article 39A of the Indian Constitution of 1950

 

Arguments

The counter-affidavit presented in court, a number of under-trial prisoners at the Patna central jail, Muzaffarpur central jail, and Ranchi central jail has been produced before the magistrate and given judicial custody as needed. The Court, however, found this averment unsatisfactory because it fails to comply with the directive to produce the dates on which these under-trial prisoners were remanded. Furthermore, the respondents stated that most cases are halted due to a delay in receiving expert opinions, in order to justify the growing number of pending cases. The court could not accept this submission because the state can always hire more experts as needed.

Judgment

A large number of men, women and even children were imprisoned for years, awaiting their trials. The offenses for which some of the prisoners were charged were minor, and even if proper charges had been imposed, the punishment would have been limited to a few months in prison. According to Bihar government reports, many prisoners who were held as undertrials in the Central Jails of Patna, Ranchi, and Muzaffarpur before their release was regularly brought before magistrates but were repeatedly remanded in judicial custody. To justify the pending status of so many cases, it was claimed that approximately 10% of cases were pending because they required expert opinions, which were also delayed.

The Apex Court found all arguments unsatisfactory and ordered the release of the 17 undertrial prisoners whose names Mrs. Hingorani mentioned in her writ petition.

The Ruling of the Supreme Court

The Supreme Court ruled that the detention of these prisoners was illegal because it violated Article 21 of the Indian Constitution's Fundamental Right to Life and Liberty. The Court ordered the state government to appoint a lawyer at its own expense for making bail applications and opposing remand in the case of prisoners who had committed bailable offenses. Furthermore, the state government and the high court were required to provide details on the location and status of cases in the courts of magistrates and courts of sessions in the state of Bihar up until December 31, 1978, and to explain the delay in disposing of cases.

The Supreme Court determined the callousness of the legal justice system, as well as the lack of money and resources that poor people face, denying them access to justice. Justice Bhagwati ruled that the State cannot deny a person's Fundamental Right to a Speedy Trial because it lacks adequate resources to improve the legal justice system and increase the impetus for a speedy trial.

When an accused is not given a speedy and just trial, or is refused bail on unreasonable grounds, especially when one is indigent, or when an undertrial prisoner is forced to undergo imprisonment for a term longer than his/her punishment, or when the accused is poor and is not given with free legal aid by the State, Article 21 of the Constitution is infringed.

Principle Discussed

Article 21 of the Constitution guarantees the right to free legal aid and a speedy trial, which is an essential component of the "reasonable, fair, and just" procedure.

The Consequences of the Hussainara Khatoon Case

The Hussainara Khatoon case transformed the Indian legal system. Hussainara was one of six female undertrial prisoners held in Bihar's prisons, hence the name. The case not only resulted in the release of the undertrial prisoners held in Bihar, but it also resulted in the release of 40,000 undertrial prisoners held illegally despite the fact that their prison terms had expired. Mrs. Hingorani became known as the "mother of PILs" because this was the first PIL in the Indian legal system. She later revealed the Bhagalpur Blindings case, in which some police officers blinded 33 suspected offenders with needles and acid.

Conclusion

The case of Hussainara Khatoon v State of Bihar reveals flaws in the country's legal system. Even though the right to a speedy trial is a Fundamental Right enshrined in our Constitution, this case highlights a flagrant violation of that right, in which undertrial prisoners were forced to serve lengthy sentences simply because the courts lacked the time and resources to acquit or sentence them properly.

Since the case, approximately 40,000 undertrial prisoners have been released, demonstrating that if a person is dedicated to the well-being of the country, he or she can accomplish great things. More lawyers like Mrs. Kapila Hingorani are needed so that the underprivileged and poor can have support when they raise their voices and are not silenced by superior powers.

 

Post a Comment

0 Comments