Writ Petition (Crl.) Nos. 57 and 222 of 1979. Case: 1. Hussainara Khatoon and Ors., 2. Rahim Malla and Ors. Vs 1. Home Secretary, Bihar and Ors., 2. Home Secretary, Government of J&K and Ors.. Supreme Court (India)
| Case Number | Writ Petition (Crl.) Nos. 57 and 222 of 1979 |
| Counsel | For Appearing Parties: V.N. Ganpule, Senior Adv., K. Hingorani, Mukul Mudgal, D. Goburdhun, B.B. Singh, Ashok Mathur and Prabir Chowdhury, Advs |
| Judges | A. M. Ahmadii, C.J., B.L. Hansaria and S.C. Sen, JJ. |
| Issue | Constitution of India - Articles 32, 21 |
| Citation | 1995 CriLJ 4020, 1995 (3) Crimes 501 (SC), 1995 (4) Scale 633, (1995) 5 SCC 326 |
| Judgement Date | August 04, 1995 |
| Court | Supreme Court (India) |
Order:
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A large number of criminal writ petitions, many of them based on letters, were grouped together as petitions by under-trial prisoners and certain orders were passed from time to time for the release of certain prisoners on bail on their executing personal bonds for appearance without any monetary obligations. A detailed order was passed on February 12, 1979 by a Division Bench of this Court on a habeas corpus petition filed in regard to the state of affairs in Bihar. This was followed by orders passed from time to time which have been reported as "Re: Hussainara Khatoon and Ors." Guidelines have been laid down in these orders in regard to the release of under-trials who are found to be languishing in jails for want of expeditious disposal of pending cases. Now Criminal Miscellaneous Petition No. 5660 of 1993 has been filed seeking certain general orders on the basis of guidelines culled out from the said orders, namely, for undertaking an inquiry in regard to the question of setting up of additional courts in every State, providing investigating agencies with more experts, simplifying the procedure for sanction of prosecution, strict compliance with the provision of Section 167 of the Code of Criminal procedure, circulation of guidelines to the Courts in State and revision of categories of under-trials in various jails in the state of Bihar.
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Since this Court has already laid down the guidelines by orders passed from time to time in this writ petition and in subsequent orders passed in different cases since then, we do not consider it necessary to restate the guidelines periodically because the enforcement of the guidelines by the subordinate courts functioning in different State should now be the responsibility of the different High Court to which they are subordinate. General Orders for release of under-trials without reference to specific fact-situations in different cases may prove to be hazardous. While there can be no doubt that under-trial prisoners should not languish in jails on account of refusal to enlarge them on bail for want of their capacity to furnish bail with monetary obligations, these are matters which have to be dealt with on case to case basis keeping in mind the guidelines laid down by this Court in the orders passed in this writ petition and in subsequent cases from time to time: Sympathy for the under-trials who are in jail for long terms on account of the pendency of cases has to...
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Criminal Writ Petn. No. 147 of 1999. Case: I. P. Shankaran Vs Dy. Superintendent of Police Bombay and others. High Court of Bombay (India)
...Judgment, at pages 746 to 749 (of SCC): (at pp. 5130 to 5132 of Cri LJ). (ii) In Hussainara Khatoon v. Home Secretary, State of Bihar, (1995) 5 SCC 326: (1995 Cri LJ 4020), the Apex Court was considering its earlier guidelines issued for the release of under trials languishing in jail for w......
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...of all High Courts 21 Page 21 to forthwith take appropriate steps consistent with the directions of this Court in Hussain Ara Khatoon (1995) 5 SCC 326) (supra), Akhtari Bi (Smt.) (supra), Noor Mohammed Thana Singh (supra), S.C. Legal Aid Committee (supra), Imtiaz Ahmad (supra), Ex. Captain ......
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...the order of the High Court whereby his prayer for quashing the prosecution against him on the ground of violation of right to 12 13 14 (1995) 5 SCC 326 (1996) 11 SCC (1998) 7 SCC 507 16 Page 16 speedy trial was rejected. In that case, a three-Judge Bench of this Court issued certain direct......
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Criminal Writ Petn. No. 147 of 1999. Case: I. P. Shankaran Vs Dy. Superintendent of Police Bombay and others. High Court of Bombay (India)
...Judgment, at pages 746 to 749 (of SCC): (at pp. 5130 to 5132 of Cri LJ). (ii) In Hussainara Khatoon v. Home Secretary, State of Bihar, (1995) 5 SCC 326: (1995 Cri LJ 4020), the Apex Court was considering its earlier guidelines issued for the release of under trials languishing in jail for w......
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Criminal Appeal No. 509 of 2017 (Arising out of Special Leave Petition (Crl.) No. 4437 of 2016) and Criminal Appeal No. 511 of 2017 (Arising out of Special Leave Petition (Crl.) No. 348 of 2017). Case: Hussain and Ors. Vs Union of India (UOI) and Ors.. Supreme Court (India)
...Justices of all High Courts to forthwith take appropriate steps consistent with the directions of this Court in Hussain Ara Khatoon (1995) 5 SCC 326) (supra), Akhtari Bi (Smt.) (supra), Noor Mohammed (supra), Thana Singh (supra), S.C. Legal Aid Committee (supra), Imtiaz Ahmad (supra), Ex. C......
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HUSSAIN vs UNION OF INDIA. Supreme Court, 09-03-2017
...of all High Courts 21 Page 21 to forthwith take appropriate steps consistent with the directions of this Court in Hussain Ara Khatoon (1995) 5 SCC 326) (supra), Akhtari Bi (Smt.) (supra), Noor Mohammed Thana Singh (supra), S.C. Legal Aid Committee (supra), Imtiaz Ahmad (supra), Ex. Captain ......
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MOHD. HUSSAIN @ JULFIKAR ALI vs THE STATE (GOVT. OF NCT) DELHI. Supreme Court, 31-08-2012
...the order of the High Court whereby his prayer for quashing the prosecution against him on the ground of violation of right to 12 13 14 (1995) 5 SCC 326 (1996) 11 SCC (1998) 7 SCC 507 16 Page 16 speedy trial was rejected. In that case, a three-Judge Bench of this Court issued certain direct......